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Legal remedies in sexual harassment litigation Evidence from the IWPR/WAGE Consent Decree Project

Legal remedies in sexual harassment litigation Evidence from the IWPR/WAGE Consent Decree Project. Ariane Hegewisch. Sexual Harassment Cases in the IWPR/WAGE Database . The EEOC received, on average, 13,700 sexual harassment charges annually (between 2002 and 2008)

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Legal remedies in sexual harassment litigation Evidence from the IWPR/WAGE Consent Decree Project

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  1. Legal remedies in sexual harassment litigation Evidence from the IWPR/WAGE Consent Decree Project Ariane Hegewisch

  2. Sexual Harassment Casesin the IWPR/WAGE Database • The EEOC received, on average, 13,700 sexual harassment charges annually (between 2002 and 2008) • Decline in charges: from peak of 15,890 (1997) to 11,700 (2010) • EEOC found “reasonable cause” in fewer than 10 percent • EEOC settles ca. 350 consent decrees annually; of these between 25% and 33% address sexual harassment • IWPR/Wage Consent Decree Database includes 502 sex and/or race discrimination consent decrees that became effective between 2000 and 2008; oversampled large cases.  Database is fully accessible and searchable • 171 address sexual harassment, 55.5% of all sex discrimination CDs • 30 (17.5%) also include race and/or national origin discrimination • All types of workers, especially in service sector • Several examples of sexual harassment in traditionally male jobs

  3. Consent Decree Database:Bases for Charges

  4. Remedies inSexual Harassment Cases (in %)

  5. Sexual Harassment Remedies: Good Practice Examples Examples of consent decrees taking a broader approach – immigrant/migrant workers in agribusiness: • EEOC v. Tanimura & Antle, C99-20088 (N.D. Cal. Feb. 9,1999) • EEOC v. Rivera Vinyards, Inc. d/b/a Blas Rivera Vinyards et al., No. EDCV 03 01117 (C.D.Cal. Sept.5,2003)

  6. Sexual Harassment Litigation:Conclusions • Does litigation stop sexual harassment? • Hard to develop good measures of sexual harassment as part of decrees. Attitude surveys? • Role of outside groups • Supreme Court ruled that sexual harassment is employment discrimination. Is this reflected in the remedies? • Stop harassment AND ensure equal opportunity • EEOC , by default, is main law enforcement agency against sexual harassment, even in cases of rape. • Role of traditional law enforcement?

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