The law firm of Kaup & Shultz, LC, handles both state and federal law cases. Michael Shultz has litigated numerous cases in federal court, including sexual harassment lawsuits. Most often, he has handled a case that will be similar to yours in either the EEOC or the federal court. A sexual harassment lawsuit is often difficult because the victim might lack witnesses to the offensive conduct. However, a plaintiff should be able to get her case to a jury if she can testify to acts that constitute severe or pervasive misconduct and meet the other requirements that were discussed on the first page of this discussion of sexual harassment. |
| The Law of Sexual Harassment and Sexual Discrimination |
| Kaup & Shultz, Attorneys at Law, LC |
| Kaup & Shultz, Attorneys at Law, LC Overland Park, KS 913-385-9955 and 901 Kentucky Suite 305 Lawrence, KS 785-838-4300 email us |
| The information in these pages is intended for Kansas employees who are interested in sexual harassment law and hostile work environment. The information is intended for educational purposes only and is not intended to establish an attorney client relationship with any person. If you have an actual legal problem concerning sexual harassment, you should contact a competent Kansas employee rights attorney. |
The Remedies for Sexual Harassment
In nearly every case, a woman who believes that she has been the
victim of sexual harassment should report the harassment to
management, to human resources or to some other person that is
designated in the company's sexual harassment policy. It is important
when a woman believes that she has been subjected to a hostile work
environment or a quid pro quo type of harassment to check the
company policy on sexual policy if one exists and to follow that policy
the best that she can. The majority of big companies now have sexual
harassment policies and if the victim of sexual harassment fails to use it,
she may lose any claim she has for harassment.
Filing a Charge of Discrimination With the EEOC
If the company ignores the sexual harassment, fails to correct the sexual
harassment, or if it continues, then the victim should consider filing a
charge (claim or complaint) of discrimination with the Equal
Employment Opportunity Commission or with the Kansas Human Rights
Commission. Either agency can investigate the charge of discrimination
under the work-sharing agreement they have.
The charge of discrimination generally must be filed with the EEOC
within 300 days from the date of the last act the was part of the sexual
harassment. The charge must be filed with the KHRC within 6 months
from that date. This is absolutely critical because the failure to file a
timely charge will almost certainly mean that the victim loses her rights
to pursue remedies against her employer.
The EEOC Investigation
This section will focus on the EEOC because it handles so many charges
and because the procedures of the KHRC are similar to the EEOC. Before
the EEOC even investigates a charge of discrimination, it will usually
refer the charge to its mediation section. If at intake, it appears that the
charge is a serious one that requires close examination because it might
become a so-called "cause case," then the case will not go immediately
to mediation. The mediators at the EEOC will try to get the company
and the victim together to resolve the dispute. If the either side refuses
to mediation, or if the mediation does not result in a settlement, the
case will be sent on to investigation.
Of those cases that were investigate by the EEOC in 2007, no reasonable
cause to believe that discrimination occurred was found in 5,237 cases,
while reasonable cause to believe that discrimination occurred was
found in 767 cases. So, you can see that it is very likely that the
investigation into your claim will result in a finding of no reasonable
cause to believe that discrimination occurred. At this point, the EEOC
will dismiss your case and issue you a right to sue letter.
The Right to Sue Letter and the Courts
Once you receive your right to sue letter, you have 90 days to file a
lawsuit in court. In the vast majority of cases, the sexual harassment
lawsuit is filed in federal court since it involves a matter of federal law.
In Kansas, the federal district court sits in Kansas City, Wichita and
Topeka. Usually, but not always, the victim of the harassment, who is
now a plaintiff in a lawsuit gets her choice of where a trial on her case
will be held. However, keep in mind that less than 2 cases in 100
actually go to trial.
The courts dismiss a large percentage of the cases because they do not
believe that the plaintiff has sufficient evidence to prove her case.
Thus, the courts very often grant summary judgment to the employer.
For the cases that are not dismissed by the court, the vast majority of
those settle, meaning that the employer and the employee come to an
agreement on how to resolve the case, which might mean that the
company will pay the victim money to dismiss her claims against the
company.
The law provides that the victim of sexual harassment is entitled to
damages or compensation for her lost wages, if any, for any other
economic loss caused by the sexual harassment, for compensatory
damages for emotional distress, embarrassment and humiliation and, in
rare cases, punitive damages. The law limits the amount of
compensatory damages to $300,000 for large companies and the amount
is even smaller for companies with fewer employees.
In nearly every case, a woman who believes that she has been the
victim of sexual harassment should report the harassment to
management, to human resources or to some other person that is
designated in the company's sexual harassment policy. It is important
when a woman believes that she has been subjected to a hostile work
environment or a quid pro quo type of harassment to check the
company policy on sexual policy if one exists and to follow that policy
the best that she can. The majority of big companies now have sexual
harassment policies and if the victim of sexual harassment fails to use it,
she may lose any claim she has for harassment.
Filing a Charge of Discrimination With the EEOC
If the company ignores the sexual harassment, fails to correct the sexual
harassment, or if it continues, then the victim should consider filing a
charge (claim or complaint) of discrimination with the Equal
Employment Opportunity Commission or with the Kansas Human Rights
Commission. Either agency can investigate the charge of discrimination
under the work-sharing agreement they have.
The charge of discrimination generally must be filed with the EEOC
within 300 days from the date of the last act the was part of the sexual
harassment. The charge must be filed with the KHRC within 6 months
from that date. This is absolutely critical because the failure to file a
timely charge will almost certainly mean that the victim loses her rights
to pursue remedies against her employer.
The EEOC Investigation
This section will focus on the EEOC because it handles so many charges
and because the procedures of the KHRC are similar to the EEOC. Before
the EEOC even investigates a charge of discrimination, it will usually
refer the charge to its mediation section. If at intake, it appears that the
charge is a serious one that requires close examination because it might
become a so-called "cause case," then the case will not go immediately
to mediation. The mediators at the EEOC will try to get the company
and the victim together to resolve the dispute. If the either side refuses
to mediation, or if the mediation does not result in a settlement, the
case will be sent on to investigation.
Of those cases that were investigate by the EEOC in 2007, no reasonable
cause to believe that discrimination occurred was found in 5,237 cases,
while reasonable cause to believe that discrimination occurred was
found in 767 cases. So, you can see that it is very likely that the
investigation into your claim will result in a finding of no reasonable
cause to believe that discrimination occurred. At this point, the EEOC
will dismiss your case and issue you a right to sue letter.
The Right to Sue Letter and the Courts
Once you receive your right to sue letter, you have 90 days to file a
lawsuit in court. In the vast majority of cases, the sexual harassment
lawsuit is filed in federal court since it involves a matter of federal law.
In Kansas, the federal district court sits in Kansas City, Wichita and
Topeka. Usually, but not always, the victim of the harassment, who is
now a plaintiff in a lawsuit gets her choice of where a trial on her case
will be held. However, keep in mind that less than 2 cases in 100
actually go to trial.
The courts dismiss a large percentage of the cases because they do not
believe that the plaintiff has sufficient evidence to prove her case.
Thus, the courts very often grant summary judgment to the employer.
For the cases that are not dismissed by the court, the vast majority of
those settle, meaning that the employer and the employee come to an
agreement on how to resolve the case, which might mean that the
company will pay the victim money to dismiss her claims against the
company.
The law provides that the victim of sexual harassment is entitled to
damages or compensation for her lost wages, if any, for any other
economic loss caused by the sexual harassment, for compensatory
damages for emotional distress, embarrassment and humiliation and, in
rare cases, punitive damages. The law limits the amount of
compensatory damages to $300,000 for large companies and the amount
is even smaller for companies with fewer employees.
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