Antiquated Damage Caps– How the #MeToo Movement should Impact Change in this Area

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With the #MeToo movement, sexual harassment has rightly been at the forefront of discussion in the media and requirements have been implemented in companies and other organizations to initiate change. Despite the publicity of various cases, the number of lawsuits still remain lower than expected. A fundamental reason to be considered in the webinar is the fact Title VII statutory cap for compensatory and punitive damages fails to adequately deter sexual harassers, to provide the proper incentive to employers to improve their response to sexual harassment complaints, or to make victims whole should they choose to file a lawsuit. The caps in place that impact the amount of damages a plaintiff can recover are stagnant since put into place thirty years ago. The presenter will discuss the legislative history of the damage caps for Title VII as well as other civil rights statutes and the impact of the caps with respect to lawsuits. In addition, the standards for sexual harassment at the federal level, the challenges of the EEO process, and other hurdles for victims filing lawsuits will be discussed in the webinar. The learning objectives are understanding the statutory damages available to Plaintiffs, the legislative history of the caps on damages, the limitations on victims in pursuing lawsuits, and other challenges attorneys litigating sexual harassment lawsuits, even despite the #MeToo movement, confront in litigating cases.

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