Presentation on theme: "Legal remedies in sexual harassment litigation Evidence from the IWPR/WAGE Consent Decree Project Ariane Hegewisch."— Presentation transcript:
Legal remedies in sexual harassment litigation Evidence from the IWPR/WAGE Consent Decree Project Ariane Hegewisch
Sexual Harassment Cases in the IWPR/WAGE Database The EEOC received, on average, 13,700 sexual harassment charges annually (between 2002 and 2008) Decline in charges: from peak of 15,890 (1997) to 11,700 (2010) EEOC found “reasonable cause” in fewer than 10 percent EEOC settles ca. 350 consent decrees annually; of these between 25% and 33% address sexual harassment IWPR/Wage Consent Decree Database includes 502 sex and/or race discrimination consent decrees that became effective between 2000 and 2008; oversampled large cases. Database is fully accessible and searchable 171 address sexual harassment, 55.5% of all sex discrimination CDs 30 (17.5%) also include race and/or national origin discrimination All types of workers, especially in service sector Several examples of sexual harassment in traditionally male jobs
All cases in databaseEEOC (N= 422) DOJ ( N= 45) Private (N=34) Sexual Harassment (SH) 35.5% (n=150) 33.3% (n=15) 17.6% (n=6) Class action/’similarly situated’? - individual plaintiff/not ‘class’ - more than one plaintiff/not ‘class‘ - class action/’similarly situated’ 30.7% 26.0% 43.3% 66.7% 6.7% 26.6% 0 100% Additional Charges - includes retaliation - includes constructive dismissal - includes termination 64.7% 34.0% 26.4% 33.3% 13.3% 50.0% 16.1% 33.3% -does not include pay, promotion or hiring discrimination charges 92.6%93.3%33.3% Consent Decree Database: Bases for Charges
Sexual Harassment Remedies: Good Practice Examples Examples of consent decrees taking a broader approach – immigrant/migrant workers in agribusiness: EEOC v. Tanimura & Antle, C99-20088 (N.D. Cal. Feb. 9,1999) EEOC v. Rivera Vinyards, Inc. d/b/a Blas Rivera Vinyards et al., No. EDCV 03 01117 (C.D.Cal. Sept.5,2003)
Sexual Harassment Litigation: Conclusions Does litigation stop sexual harassment? Hard to develop good measures of sexual harassment as part of decrees. Attitude surveys? Role of outside groups Supreme Court ruled that sexual harassment is employment discrimination. Is this reflected in the remedies? Stop harassment AND ensure equal opportunity EEOC, by default, is main law enforcement agency against sexual harassment, even in cases of rape. Role of traditional law enforcement?