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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsA myth needs to be dispelled over sexual discrimination lawsuits
The myth generally takes the form of something like this. The reason people file sexual discrimination lawsuits is because they want to get "paid off", and whatever trivial award they were given certainly beats working for a living.
So I'm going to explain what the reality is for sexual discrimination complaints are, at least based on my experience which I'm pretty sure is fairly representative of the norm pretty much everywhere.
1) The vast majority of sexual discrimination never gets challenged.
People are generally not stupid enough to involve other people other than the victim who they can't trust. Victims often never come forward for a variety of reasons.
2) Victims do not enter into complaints lightly.
A complaint whether successful or not, significantly changes the working environment of the complainant. From that point on they will constantly be looking over their shoulder wondering who will seek revenge, and even though federal and state laws protect participants in the process from retribution, it's still quite common.
3) Complaints and lawsuits take years to work through the process.
Even an open and shut case will take months, if not years to worth through all the hoops which must be jumped through.
4) Most complaints fail.
This doesn't mean most complaints aren't valid. It just means they can't clear all the hurdles required to get to the end. Many people will get frustrated and just stop participating which inevitably results in the case being dropped.
5) Financial settlements are quite rare. A complaint or lawsuit can be dismissed even before it gets to the investigation stage. Prima facie is the first big hurdle. Legal procedures have nothing to do with what you know and are only concerned with what you can prove. Witnesses often will never come forward. Perpetrators rarely tell the truth. One person's word against another is a very weak case.
6) Victims are never guaranteed justice even if they prevail in their case.
Sexual discrimination complaints and lawsuits are only about providing a means of redress for victims. They have little to do with justice. Even if an employer is found at fault and ordered to pay a 6 figure settlement, they are under no obligation (other than financial) to punish the perpetrators. Often they simply continue to discriminate against other employees until the company decides they are too big of a liability, which actually is quite rare.
At any rate, the myth here is pure unadulterated bullshit and it needs to end. If someone gets to a six figure settlement in a sexual discrimination suit, this is certainly the exception rather than the rule. The idea that one needs to consider the other "side" of the story is complete nonsense. Nobody pays out 6 figures unless they are at fault.
prayin4rain
(2,065 posts)Stallion
(6,476 posts)and this is the type of advice I'd give to the Plaintiff on the front end. There are about 35 routine affirmative defenses you'll likely see to these lawsuit right off the bat. Its a mine field to navigate