Sexual Harassment Settlement Calculator
Estimate potential compensation for workplace sexual harassment claims including hostile work environment, quid pro quo harassment, and retaliation damages.
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About This Calculator
Sexual harassment in the workplace is illegal under federal law (Title VII of the Civil Rights Act) and state laws. Victims of workplace sexual harassment can recover significant damages including back pay, emotional distress compensation, and in some cases, punitive damages. Understanding your rights and the factors that affect case value helps you make informed decisions.
Types of Sexual Harassment:
- Quid Pro Quo: Job benefits conditioned on sexual favors ("sleep with me or you're fired")
- Hostile Work Environment: Severe or pervasive conduct that creates an intimidating, hostile, or offensive workplace
- Retaliation: Punishment for reporting harassment or participating in investigations
What Constitutes Sexual Harassment:
- Unwelcome sexual advances
- Requests for sexual favors
- Verbal harassment of a sexual nature
- Physical harassment or assault
- Offensive jokes, pictures, or objects
- Interference with work performance
Federal vs. State Protections:
- Title VII covers employers with 15+ employees
- Many states have stronger protections
- State laws may have no damage caps
- State deadlines may differ from federal
This calculator estimates potential damages for sexual harassment claims. For wrongful termination claims, see our Wrongful Termination Calculator. For general workplace disputes, visit our Lawsuit Settlement Calculator.
How to Use the Sexual Harassment Settlement Calculator
- 1Select the type of harassment experienced.
- 2Choose your employer's size (determines federal damage caps).
- 3Enter your annual salary at the job.
- 4Input years you were employed before the harassment.
- 5Indicate if you're still employed or left/were terminated.
- 6If not employed, enter months since leaving.
- 7Add therapy and counseling costs related to the harassment.
- 8Enter the number of documented harassment incidents.
- 9Indicate whether you reported to HR and if retaliation occurred.
- 10Select the harasser's position (coworker, supervisor, executive).
Types of Sexual Harassment Claims
Sexual harassment law recognizes two main categories, plus retaliation.
Quid Pro Quo Harassment
Definition: Job benefits conditioned on submission to sexual demands.
Elements:
- Unwelcome sexual conduct
- By supervisor/someone with authority
- Submission condition of employment or benefits
- Rejection results in adverse action
Examples:
| Conduct | Consequence |
|---|---|
| Rejecting advances | Denied promotion |
| Refusing date | Terminated |
| Not complying with demands | Reduced hours |
| Reporting supervisor | Demoted |
Hostile Work Environment
Definition: Conduct so severe or pervasive it alters working conditions.
Elements:
- Unwelcome sexual conduct
- Based on sex
- Severe OR pervasive
- Creates hostile/abusive environment
- Employer knew or should have known
Severity vs. Pervasiveness:
| Severe (one incident can suffice) | Pervasive (pattern required) |
|---|---|
| Sexual assault | Repeated comments |
| Physical touching | Ongoing jokes |
| Explicit threats | Continued unwanted attention |
| Quid pro quo demands | Persistent inappropriate behavior |
Retaliation
Definition: Punishment for protected activity.
Protected Activities:
- Reporting harassment
- Filing EEOC charge
- Participating in investigation
- Testifying or assisting others
- Opposing discriminatory practices
Retaliation Examples:
- Termination after complaint
- Demotion or pay cut
- Negative performance reviews
- Schedule changes
- Exclusion from meetings/opportunities
Federal Damage Caps Under Title VII
Title VII limits compensatory and punitive damages based on employer size.
Damage Caps by Employer Size
| Employees | Cap on Compensatory + Punitive |
|---|---|
| 15-100 | $50,000 |
| 101-200 | $100,000 |
| 201-500 | $200,000 |
| 500+ | $300,000 |
What's Subject to the Cap
Capped Damages:
- Compensatory damages (emotional distress)
- Punitive damages (punishment)
NOT Capped:
- Back pay (lost wages)
- Front pay (future lost wages)
- Interest on back pay
- Attorney's fees and costs
Calculation Example
Employee of company with 600 employees:
- Back pay (12 months): $65,000 - NOT capped
- Front pay (18 months): $97,500 - NOT capped
- Emotional distress: $150,000 → Capped
- Punitive damages: $250,000 → Must fit under cap
- Combined compensatory + punitive limited to $300,000
Result: Total recovery could be $462,500, but compensatory + punitive cannot exceed $300,000.
State Law Alternative
Why State Law May Be Better:
- Many states have NO damage caps
- Lower employee thresholds (some apply to all employers)
- Longer statutes of limitations
- Additional protected categories
Examples:
| State | Cap |
|---|---|
| California | No cap (FEHA) |
| New York | No cap (NYC Human Rights Law) |
| New Jersey | No cap (LAD) |
| Texas | Follows Title VII caps |
Damages Available in Sexual Harassment Cases
Sexual harassment victims can recover several types of damages.
Back Pay
What It Covers:
- Lost wages from termination to present
- Lost bonuses and commissions
- Lost benefits (health insurance value)
- Lost raises and promotions
Calculation: Wages you would have earned minus mitigation (what you actually earned or could have earned with reasonable effort).
Front Pay
What It Covers:
- Future lost wages
- When reinstatement isn't appropriate
- Typically 1-3 years
Awarded When:
- Returning to job isn't feasible
- Hostile relationship with employer
- Position no longer exists
- Emotional trauma prevents return
Compensatory Damages
What It Covers:
- Emotional distress
- Mental anguish
- Inconvenience
- Loss of enjoyment of life
- Medical/therapy expenses
Proving Emotional Distress:
- Therapy records
- Medical treatment
- Testimony about symptoms
- Impact on relationships
- Sleep problems, anxiety, depression
Punitive Damages
When Awarded:
- Employer acted with malice
- Reckless indifference to rights
- Management participated or condoned
- Failed to act on complaints
Attorney's Fees
Prevailing plaintiffs can recover:
- Reasonable attorney's fees
- Expert witness fees
- Court costs
- Often substantial in complex cases
Filing an EEOC Charge
Before suing under Title VII, you must file a charge with the EEOC.
EEOC Timeline
| Step | Deadline |
|---|---|
| File EEOC charge | 180 days (300 days in deferral states) |
| EEOC investigation | Varies (often 6-12 months) |
| Request Right to Sue | Anytime after 180 days of filing |
| File lawsuit | 90 days after receiving Right to Sue |
What the EEOC Does
- Intake: Reviews charge for jurisdiction
- Notification: Employer receives copy
- Investigation: Interviews, document requests
- Determination:
- Cause found → Conciliation attempt
- No cause → Right to Sue issued
- Right to Sue: Permission to file federal lawsuit
Early Right to Sue
You can request a Right to Sue letter:
- Anytime after 180 days
- Allows faster access to court
- EEOC often grants these requests
State Agency Filing
In "deferral states" with state agencies:
- EEOC and state agency coordinate
- 300-day deadline (instead of 180)
- May choose state or federal process
- State may have better remedies
Dual Filing
Your EEOC charge can be dual-filed:
- With state fair employment agency
- Preserves both federal and state claims
- Important for states without caps
Building a Strong Sexual Harassment Case
Documentation and evidence are critical to sexual harassment claims.
Evidence to Gather
| Evidence Type | Examples |
|---|---|
| Written communications | Emails, texts, notes, cards |
| Witness information | Names, contact info, what they saw |
| Documentation of incidents | Dates, times, locations, details |
| Performance records | Reviews before and after reporting |
| HR complaints | Written complaints, responses |
| Medical records | Therapy, treatment for distress |
Documenting Incidents
For Each Incident, Record:
- Date and time
- Location
- What was said or done (exact words if possible)
- Who was present
- Your response
- How it made you feel
- Any physical evidence
Reporting to HR
Why Report:
- Creates official record
- May trigger duty to investigate
- Non-reporting may be defense for employer
- Can show employer failed to act
How to Report:
- In writing whenever possible
- Keep copies of everything
- Follow company procedures
- Request written response
- Note who you spoke with
Employer Defenses
Faragher-Ellerth Defense: Employer may avoid liability if:
- They exercised reasonable care to prevent/correct harassment
- Employee unreasonably failed to use company procedures
Defeating This Defense:
- You reported and employer failed to act
- Reporting was futile (harasser was owner/HR)
- Procedures were inadequate or not communicated
- Fear of retaliation was reasonable
Retaliation: The Strongest Claims
Retaliation claims are often stronger than the underlying harassment claim.
Why Retaliation Claims Are Powerful
Evidence is clearer:
- Timeline shows cause and effect
- Documents show change in treatment
- Witnesses can confirm difference
- Less "he said/she said"
Employers often make mistakes:
- Retaliate after being reported
- Document adverse actions
- Create obvious timeline
- Give pretextual reasons
Elements of Retaliation
- Protected Activity: You engaged in protected conduct
- Adverse Action: Employer took action against you
- Causation: Connection between the two
Protected Activities
| Activity | Protected? |
|---|---|
| Filing EEOC charge | Yes |
| Internal complaint | Yes |
| Testifying in investigation | Yes |
| Refusing to participate in harassment | Yes |
| Complaining about coworker harassment | Yes |
Adverse Actions
| Action | Typically Adverse? |
|---|---|
| Termination | Yes |
| Demotion | Yes |
| Pay cut | Yes |
| Negative review | Usually yes |
| Transfer | Depends on circumstances |
| Changed schedule | Depends on impact |
| Minor criticism | Usually not |
Proving Causation
Timing Evidence:
- Short time between complaint and action
- "Suspicious timing" alone may be enough for jury
Other Evidence:
- Different treatment than before complaint
- Employer gave shifting/inconsistent reasons
- Others who didn't complain treated better
- Comments referencing your complaint
Pro Tips
- 💡Document every incident immediately with dates, times, witnesses, and exact words.
- 💡Report harassment in writing to HR and keep copies of all communications.
- 💡Save all relevant emails, texts, notes, and photos in a secure personal location.
- 💡Note the names and contact information of any witnesses.
- 💡Keep copies of performance reviews, especially positive ones from before reporting.
- 💡Don't resign in anger - consult an attorney first about your options.
- 💡File an EEOC charge within the deadline (180-300 days depending on state).
- 💡Seek therapy or counseling and keep records for your emotional distress claim.
- 💡Don't confront the harasser alone - use proper reporting channels.
- 💡Research whether your state has stronger protections than federal law.
- 💡Don't post details about your situation on social media.
- 💡Consult an employment attorney early - many offer free consultations.
Frequently Asked Questions
Settlement values vary widely. Federal Title VII caps compensatory and punitive damages at $50,000-$300,000 depending on employer size, but back pay and front pay are uncapped. State law claims may have no caps. Cases involving assault, retaliation, or prolonged harassment typically settle higher. Average settlements range from $50,000 to $300,000, with severe cases exceeding $1 million.
