Sexual harassment in the workplace can leave victims feeling betrayed, anxious, and uncertain about their careers. Beyond the emotional toll, harassment can affect income, job prospects, and long-term financial security. Knowing what types of damages you may be able to recover is an essential first step in exploring your legal options and protecting your future.
Table of Contents
- When Can You Recover Damages in a Sexual Harassment Lawsuit?
- Which Economic and Non-Economic Damages Are Available in a Sexual Harassment Lawsuit?
- What Are Punitive Damages in a Workplace Sexual Harassment Lawsuit?
- What Are Equitable Relief and Non-Monetary Remedies?
- Can You Recover Attorney’s Fees and Legal Costs?
- Contact Joseph & Norinsberg for Your Sexual Harassment Case
When Can You Recover Damages in a Sexual Harassment Lawsuit?
Workplace sexual harassment is legally actionable when it is unwelcome, related to sex or gender, and impacts your work environment. It can involve a quid pro quo or a hostile work environment. Both federal and state laws provide protection.
A critical element is whether the employer knew about the harassment and failed to respond. Companies are expected to follow their policies and investigate complaints. Failure to act can give rise to a claim against your employer.
It is important to report the harassment internally to HR or a supervisor. To pursue legal action, you may also need to file a complaint with the Equal Employment Opportunity Commission or another relevant state or local agency.
Which Economic and Non-Economic Damages Are Available in a Sexual Harassment Lawsuit?
Damages in a workplace sexual harassment lawsuit aim to help victims recover from the financial and personal harm caused by the harassment. Economic damages compensate for measurable financial losses, such as lost wages, whereas non-economic damages address the harder-to-quantify impacts on their lives caused by the harassment.
Common types of economic and non-economic damages include:
- Lost wages
- Missed promotions
- Forced resignation
- Termination
- Lost benefits
- Medical or therapy expenses
- Anxiety
- Depression
- Loss of confidence
The types and amounts of damages you can recover depend on the specific facts of your case and the applicable federal or state laws, making it important to document both financial and emotional impacts. An experienced sexual harassment lawyer in New York can help determine the damages you may be entitled to and advise you on the next steps, ensuring your privacy and personal well-being are respected throughout.
What Are Punitive Damages in a Workplace Sexual Harassment Lawsuit?
Punitive damages are designed to penalize an employer or harasser and deter future misconduct, rather than compensate for the victim’s direct losses. A punitive damages award may be available if the employer or harasser has acted with malice, reckless indifference, or gross negligence.
Examples of conduct that may justify punitive damages include ignoring repeated reports of harassment, shielding the harasser, retaliating against employees who speak up, or allowing misconduct to continue unchecked. Courts carefully review the employer’s intent and the severity of their actions before awarding punitive damages. Caps may apply to punitive damages awarded in some cases, such as those available for complaints filed with the Equal Employment Opportunity Commission. Unlike federal law, New York state and city laws do not impose a cap on punitive damages.
What Are Equitable Relief and Non-Monetary Remedies?
Equitable relief and non-monetary remedies are legal actions that require an employer to take specific steps to correct or prevent workplace harassment, rather than providing the victim with direct financial compensation. Their purpose is to improve the work environment, protect employees, and prevent future misconduct.
Common examples include the following:
- Policy changes and training: Requiring the employer to revise harassment policies and conduct mandatory employee or management training
- Workplace monitoring or oversight: Implementing measures to ensure harassment does not continue, such as periodic reporting or oversight by a third party
- Reassignment or promotion: Moving the victim away from the harasser, restoring lost opportunities, or correcting unfair employment decisions caused by harassment
- Reinstatement: Returning an employee to their former position after harassment-related termination or resignation
- Injunctive relief: Court orders to stop specific harmful actions
By addressing the systemic causes of harassment, these remedies help ensure long-term protection for employees.
Can You Recover Attorney’s Fees and Legal Costs?
In New York, victims of workplace sexual harassment who prevail in their claims may be eligible to recover attorneys’ fees and other litigation costs through a legal principle known as fee-shifting. This means that if your claim is successful, the court can require the employer to cover reasonable legal expenses, including attorney’s fees, filing fees, and other litigation-related costs.
At Joseph & Norinsberg, our New York employment lawyers handle sexual harassment cases on a contingency-fee basis, allowing clients to pursue their claims with confidence. Under this arrangement, you pay nothing up front and owe fees only if we win your case. This approach removes financial barriers and ensures that victims can focus on their claim, rather than worrying about the cost of legal representation. Combined with fee-shifting, this allows you to hold employers accountable while protecting your financial well-being.
Contact Joseph & Norinsberg for Your Sexual Harassment Case
Recovering from workplace sexual harassment involves more than addressing financial losses—it’s about restoring your rights, safety, and professional opportunities. New York law allows victims to pursue economic and non-economic damages, equitable relief, and more.
At Joseph & Norinsberg, our New York sexual harassment lawyers will fight for you every step of the way. Contact us online or call 212-227-5700 today for a free consultation.
