Workplace Harassment and Retaliation Charges

By Brent Carris

Back in October, in the wake of the sexual harassment allegations levied against Hollywood mogul Harvey Weinstein, I.I.I.’s Claire Wilkinson wrote this post about Employment Practices Liability Insurance (EPLI). It appears that companies are aware of the risk and are increasingly purchasing insurance, including EPLI, to cover costs associated with sexual harassment lawsuits.

In addition to buying insurance, companies have risk mitigation protocols in place to handle sexual harassment in the workplace. But a study of employee lawsuits recently published by Hiscox, illustrates how the aftermath of sexual harassment complaints can turn into charges of retaliation by the time the employee files a complaint with the EEOC.  According to the EEOC, many of those who complain of harassment in the workplace also face retaliation. Retaliation was the most prevalent charge category, named in 46 percent of all charges with the EEOC.

The Hiscox study also found that employers in some states have a much higher chance of being sued than in others. In Washington D.C. employers have an 81 percent higher chance of being sued followed by Delaware, Nevada and California.

 

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