Journal Facts

Journal
Journal of Individual Employment Rights
ISSN
1055-7512 (print) 1541-3799 (electronic)
Volume
2
Issue
2
Date
1/1/1993

Article Facts

Title
Trends in Compensating Sexual Harassment Victims: The Threat of Double Recovery
DOI
10.2190/C0YH-AMYR-XBNR-UCNB
Authors
  • Christine W. Lewis
  • Jane R. Goodson
  • Renee D. Culverhouse
Pages
123-132
Online Date
05/09/2002

Article Links

Trends in Compensating Sexual Harassment Victims: The Threat of Double Recovery

Christine W. Lewis
Jane R. Goodson
Renee D. Culverhouse

DOI: 10.2190/C0YH-AMYR-XBNR-UCNB

Abstract

A frightening trend for employers is emerging with respect to recovery in sexual harassment cases. In many states, courts are allowing victims a double recovery by combining workers' compensation awards with damages available under federal or state civil rights statutes. These courts have repeatedly shown a willingness to consider workers' compensation and civil rights statutes as providing separate remedies for the different injuries which may occur as a result of sexual harassment. This article examines the new trend first by looking at traditional workers' compensation and its exclusivity doctrine and then by focusing on the cases in which courts have refused to apply the doctrine in sexual harassment claims because of the unique nature of the injury.

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