Harassment can arise in various environments, including workplaces, educational institutions, and online platforms, affecting individuals across different sectors and roles. Forensic economists play a critical role in calculating economic damages in harassment lawsuits, providing detailed analyses that help quantify the financial impact of the harassment.
At The Knowles Group, we specialize in delivering precise economic damage calculations and expert witness testimony to support your case. Contact us today for a complimentary case review to see how we can assist you in your harassment lawsuit.
What is Harassment?
Harassment is a form of behavior that includes any unwelcome conduct, whether verbal, physical, or visual, based on an individual’s protected characteristics (such as race, color, religion, sex, national origin, age, or disability) or that creates an intimidating, hostile, or offensive environment. It can encompass various behaviors, including threats, insults, ridicule, offensive jokes, slurs, physical assaults, and interference with work performance.
In legal terms, harassment typically becomes unlawful when it is severe or pervasive enough to create an environment that a reasonable person would find hostile or abusive. It can also be illegal when it results in an adverse employment decision (such as hiring, firing, and promotions) based on the harassment. Some primary forms of harassment include
- Sexual Harassment
- Workplace Harassment
- Discrimination-Based Harassment
- Educational Harassment
- Cyber Harassment
Damages Resulting from Harassment Cases
Determining damages is crucial in harassment cases to provide fair compensation. Economic damages quantify the financial losses suffered due to harassment, while non-economic damages quantify the intangible harm caused by the harassment. Below are the primary damages that can arise from harassment cases.
Back Pay
Back pay includes the wages, fringe benefits, additional compensation, and other economic damages a claimant would have received from the date of the harassment up to the date of final judgment. Back pay restitution can include:
- Lost Wages: Income lost due to harassment-related absences.
- Deserved Pay Raises: Salary increases that the claimant would have received but for the harassment.
- Benefits: Health and life insurance coverage lost due to the harassment.
- Retirement or Pension Contributions: Contributions to retirement plans that were missed.
- Stock Options and Other Vested Interests: Financial interests that would have accrued.
For a plaintiff to receive back-pay awards, they must actively mitigate their financial loss by making a good faith effort to find another job between the lawsuit filing date and final judgment. When the court awards back pay, it will amount to the total lost wages minus the income of their new position.
Front Pay
After experiencing harassment, a claimant can return to their former position according to federal law. However, this reinstatement is often infeasible, and a claimant may pursue front-pay awards instead. Front pay compensates for wage loss the claimant is likely to incur from the date of litigation judgment into the future. Like with back pay, the plaintiff must make a good-faith effort to mitigate damages. When determining the value of a front-pay award, a jury will consider:
- The claimant’s age as younger claimants may have a longer work-life expectancy
- The claimant’s earning potential before the harassment
- The lost fringe benefits of the claimant
- The claimant’s education, experience, and exhibited skill sets
- How long the claimant was employed in their previous position
- The time it will take to find a similar job or the estimated job search duration
Compensatory Damages
Despite any wage loss, a claimant may be entitled to compensatory awards for the damages the harassment caused. These damages include:
- Medical Bills: Costs for treatment of physical or mental health issues caused by the harassment.
- Job Search Costs: Expenses incurred while seeking new employment.
- Other Out-of-Pocket Expenses: Miscellaneous costs directly resulting from the harassment.
Non-Economic Damages
Non-economic damages compensate for intangible harms suffered by the victim, which are often more challenging to quantify but are crucial for a complete remedy. While other experts typically assess these, they are a critical component of the overall damages. Non-economic damages can include:
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the harassment.
- Emotional Distress: Psychological harm, anxiety, depression, and other emotional injuries resulting from the harassment.
- Harm to Reputation: Damages related to the impact on the victim’s personal and professional reputation.
Punitive Damages
The court may also award punitive damages to punish the defendant in cases involving particularly bad harassing behavior, such as malice or reckless indifference to the claimant’s rights. For example, if an employer was aware of harassment yet failed to correct it, they may be subject to punitive damages due to employer liability.
Legal Fees
If the claimant wins the case, they may also be entitled to have the defendant cover their legal fees. This reimbursement can include reasonable lawyer’s fees, filing fees, and court costs, ensuring that the victim is not financially burdened by seeking justice.
What is Sexual Harassment?
Sexual harassment involves unwelcome sexual advances, requests for sexual favors, or other verbal, physical, or visual conduct of a sexual nature. It can also include conduct that creates a hostile or offensive environment based on an individual’s sex. Sexual harassment can occur between individuals of the opposite sex or the same sex. Sexual harassment can manifest in various forms, including but not limited to:
- Unwanted sexual advances or propositions
- Verbal harassment of a sexual nature (comments, jokes, innuendos)
- Physical harassment (touching, hugging, kissing)
- Visual harassment (displaying sexually suggestive objects, pictures, or videos)
In legal terms, sexual harassment becomes unlawful under various anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, when:
- Employees are told or made to feel they must tolerate the behavior to keep their jobs or receive certain benefits.
- Employees’ response to this behavior affects their job opportunities, promotions, or other work-related decisions.
- This behavior disrupts an employee’s ability to do their job or makes the workplace feel threatening, unfriendly, or unpleasant.
Hypothetical Example of a Sexual Harassment Lawsuit
Jane, a marketing executive at a mid-sized firm, experienced repeated unwelcome sexual advances and inappropriate comments from her supervisor over six months. Despite reporting the behavior to HR, no action was taken, leading to a hostile work environment and significant stress. As a result, Jane files a claim with the Equal Employment Opportunity Commission against her employer for sexual harassment.
Lost Wages: Jane took a medical leave of absence for two months due to stress and anxiety, resulting in $12,000 in lost wages.
Medical Expenses: Jane incurred $6,000 in therapy and medication costs to address the anxiety and depression caused by the harassment.
Job Search Costs: Jane decided to resign and incurred $2,500 in expenses, including career counseling and resume services while searching for a new job.
Legal Fees: Jane paid an attorney to file a sexual harassment lawsuit against her employer, resulting in $8,000 in legal fees.
Relocation Costs: Jane moved to a different city after finding new employment and incurred $4,000 in relocation expenses.
Non-Economic Damages: Jane endured significant emotional distress, anxiety, and humiliation over an extended period, which severely impacted her mental health and well-being—an expert valued these non-economic damages at $25,000.
Total Settlement Value: $57,500
What is Workplace Harassment?
Workplace harassment is any unwelcome harassing conduct based on protected characteristics or other factors that create an intimidating, hostile, or offensive work environment. While it often involves protected characteristics (like race, sex, age, etc.), it can also include harassment that does not necessarily target a protected characteristic but still creates a hostile environment (e.g., general bullying or intimidation). Some key points of a legal definition of workplace harassment include:
- Protected Characteristics: Harassment can occur based on an individual’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. In some jurisdictions, other characteristics such as sexual orientation or gender identity may also be protected.
- Unwelcome Conduct: Harassment involves conduct that the recipient finds unwelcome, regardless of the harasser’s intent.
- Hostile or Offensive Environment: Harassment becomes unlawful when severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
- Forms of Conduct: This can include various behaviors such as offensive conduct, jokes, slurs, epithets, name-calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
Hypothetical Example of a Workplace Harassment Lawsuit
John, an IT specialist at a large corporation, is subjected to constant verbal abuse, derogatory remarks, and intimidation by a coworker. The harassment leads to a toxic work environment, affecting John’s mental health and job performance. As a result, John files a lawsuit against his employer for workplace harassment.
Lost Wages: John missed several weeks of work due to severe stress and anxiety caused by the harassment, resulting in $10,000 of lost wages.
Medical Expenses: John incurred $5,000 in medical expenses for treatment and therapy for stress-related health issues, including high blood pressure and insomnia.
Reduced Work Performance: The harassment significantly impacted John’s productivity, leading to $7,000 in lost bonuses and missed promotion opportunities.
Legal Fees: John hired an attorney to address the workplace harassment and file a formal complaint, incurring $6,000 in legal expenses.
Counseling Costs: John attended regular counseling sessions to cope with the emotional toll of the harassment, which cost him $3,000.
Non-Economic Damages: John experienced severe stress, anxiety, and a decline in self-esteem due to the ongoing harassment, which affected his overall quality of life. An expert valued these non-economic damages at $20,000
Punitive Damages: Due to the employer’s failure to take action after being informed of the harassment, the court awarded punitive damages to punish the employer and deter future misconduct. These were valued at $50,000
Total Settlement Value: $101,000
What is Discrimination-Based Harassment?
Discrimination-based harassment occurs when unwelcome conduct, based on a protected characteristic, creates a hostile, intimidating, or offensive environment or results in adverse actions based on the protected characteristic. Unlike workplace harassment, discrimination-based harassment is directly tied to discrimination laws, and it can occur in various environments, including:
- Educational Institutions: Students can face harassment based on protected characteristics, including bullying, exclusion from activities, or derogatory remarks.
- Public Spaces: Individuals may experience harassment based on their protected characteristics in public spaces, including public transport, parks, restaurants, and stores.
- Housing: Tenants or homeowners might face harassment from neighbors or landlords based on their protected characteristics. Likewise, individuals seeking shelter at homeless shelters can be harassed based on their protected characteristics.
- Online Platforms: Cyber harassment or cyberbullying often targets individuals based on race, gender, sexual orientation, religion, etc.
- Medical and Health Services: Patients can face harassment from staff or other patients based on their protected characteristics, which can affect the quality of care they receive.
- Financial Services: Individuals might experience discrimination when accessing financial services, such as being denied loans or insurance.
- Clubs and Organizations: Members of clubs or organizations might face harassment based on protected characteristics. Likewise, athletes might experience discrimination-based harassment from teammates, coaches, or fans.
Hypothetical Example of a Discrimination-Based Harassment Lawsuit
Jessica, an individual with a disability, frequently uses public transportation to commute to her job. Over several months, she was subjected to derogatory remarks and physical intimidation by a particular bus driver because of her disability. Despite reporting the incidents to the transit authority, no action is taken to address the harassment. This hostile environment severely impacts Jessica’s mental health and sense of safety. As a result, Jessica files a discrimination lawsuit against the transit authority.
- Medical Expenses: Jessica required extensive therapy and medical treatment for anxiety and depression stemming from the harassment, costing $6,500.
- Lost Wages: On several days, Jessica chose not to ride the bus to work to avoid the discomfort of discrimination, resulting in $4,000 in lost wages.
- Legal Fees: Jessica hired an attorney to file a discrimination complaint against the transit authority, incurring $7,500 in legal expenses.
- Transportation Costs: Due to fear and discomfort, Jessica had to use alternative, more expensive transportation methods, costing her $3,000.
- Relocation Costs: Jessica moved to a different part of the city to access safer transportation options. The cost of relocation was $5,000.
- Non-Economic Damage: Jessica suffered from prolonged anxiety, depression, and a sense of isolation due to persistent harassment and lack of support from the transit authority—an expert valued these non-economic damages at $20,000.
Total Economic Damages: $$46,000
What is Educational Harassment?
Educational harassment specifically refers to harassment within educational settings and affects students’ ability to participate in or benefit from educational programs, activities, or opportunities. Educational harassment is not strictly limited to protected characteristics but is primarily addressed within anti-discrimination laws that focus on protected characteristics. However, bullying or harassment in educational settings can extend beyond these characteristics. Forms of educational harassment include
- Harassment Based on Protected Characteristics: Harassment targeting students based on race, ethnicity, religion, national origin, gender, gender identity, disability, or sexual orientation falls under this category. This includes racial slurs, derogatory comments, mocking religious practices, discrimination against non-native speakers, gender-based harassment, bullying of students with disabilities, and homophobic remarks.
- Bullying: Bullying can manifest physically, verbally, socially, or digitally. Physical bullying involves aggressive actions like hitting or kicking, while verbal bullying includes insults and name-calling. Social bullying aims to damage someone’s reputation or social standing through exclusion or rumor-spreading. Cyberbullying utilizes digital platforms to harass, including social media and text messages.
- Academic Harassment: This involves unfair academic treatment that undermines a fair and equitable learning environment, such as grade manipulation based on personal biases, favoritism or discrimination in the classroom, and intimidating students regarding their academic performance or participation.
- Teacher/Staff Harassment: When harassment comes from teachers or staff, it includes abuse of power to intimidate or harass students, unprofessional behavior such as inappropriate comments, and retaliation against students who report harassment or stand up for themselves.
- Sexual Harassment: Sexual harassment in educational settings involves inappropriate touching, making lewd or suggestive remarks, and pressuring students into sexual activities.
Hypothetical Example of an Educational Harassment Lawsuit
Sam, a high school student with a learning disability, is consistently bullied and harassed by peers, leading to a significant decline in academic performance and severe emotional distress. Despite repeated complaints to school authorities, little is done to address the bullying. As a result, Sam’s parents file an educational harassment lawsuit against the school.
Medical Expenses: Sam required counseling and therapy for depression and anxiety caused by the harassment, costing $4,000.
Tutoring Costs: Sam’s parents hired private tutors to catch up academically, incurring $3,500 in tutoring expenses.
Educational Impact: The harassment led to a decline in Sam’s grades, affecting his college scholarship opportunities, estimated at $10,000.
Legal Fees: Sam’s family hired an attorney to sue the school district for failing to protect their child, incurring $6,000 in legal costs.
Relocation Costs: The family moved to a different school district to provide Sam with a safer educational environment, which resulted in $5,000 in moving expenses.
Non-Economic Damage: Sam faced ongoing emotional pain, including anxiety, depression, and a loss of self-confidence, which affected his academic performance and social interactions—an expert valued these non-economic damages at $15,000.
Punitive Damages: Due to the school’s failure to take action after being informed of the harassment, the court awarded punitive damages to punish the school and deter future negligence. These were valued at $25,000.
Total Economic Damages: $68,500
What is Cyber Harassment?
Cyber harassment refers to the use of electronic communication platforms such as social media, email, text messages, online forums, or other digital means to repeatedly harass, threaten, intimidate, or abuse an individual. This conduct is intended to cause emotional distress, fear, or harm to the victim and can interfere with the victim’s privacy, safety, and well-being. Some key aspects of the legal definition of cyber harassment include:
- Electronic Communication: Harassment occurs through digital means, including but not limited to social media, emails, text messages, online forums, instant messaging, and other internet-based communication platforms.
- Repetitive or Persistent Behavior: Cyber harassment typically involves repeated or ongoing actions that target the victim over time rather than isolated incidents.
- Intent to Harm: The conduct is intentional and aimed at causing emotional distress, fear, humiliation, or other adverse effects on the victim.
- Impact on the Victim: The harassment creates a hostile, intimidating, or offensive environment for the victim, significantly interfering with their personal life, work, or mental well-being.
Hypothetical Example of a Cyber Harassment Lawsuit
Emily, a college student, becomes the target of malicious online harassment by a former classmate. The harassment includes threatening messages, public shaming on social media, and the spread of false rumors, severely impacting Emily’s mental health and academic performance. As a result, Emily is suing the individual for cyber harassment.
Medical Expenses: Emily sought therapy and medication to cope with severe anxiety and depression caused by the cyber harassment, costing $5,000.
Academic Impact: Emily’s grades suffered significantly, and she had to repeat a semester, incurring additional tuition costs of $7,500.
Legal Fees: Emily hired a lawyer to sue the harasser and seek protective orders, incurring $8,000 in legal fees.
Cybersecurity Services: Emily spent $2,500 on cybersecurity services to protect her personal information and online presence.
Relocation Costs: Emily moved to a new apartment to ensure her safety and privacy, costing $3,000 in moving expenses.
Pain and Suffering: Emily experienced significant emotional distress, anxiety, and humiliation as a result of the sustained cyber harassment, which disrupted her academic progress and personal life. An expert valued these non-economic damages at $20,000.
Total Economic Damages: $46,000
We Provide Economic Damage Calculations and Witness Testimony for Harassment Cases
At The Knowles Group, we provide comprehensive economic damage calculations and expert witness testimony services for harassment suits, catering to both plaintiffs and defendants. Our expertise ensures that the financial impacts of harassment are accurately quantified, supporting the pursuit of justice and fair compensation. Whether you’re seeking to establish the extent of economic losses or defending against claims, our team of experienced forensic economists is here to help. Schedule a complimentary case review with us today and let us guide you through the complexities of calculating damages in harassment cases.
