Sexual harassment is a deep violation of trust and dignity.
The latest data from the U.S. Equal Employment Opportunity Commission (EEOC) provides insight into the prevalence of sexual harassment. Between fiscal years 2018 and 2021, the EEOC received over 27,000 charges of sexual harassment. Notably, women filed the overwhelming majority of these charges, representing 78.2% of the total cases.
Yet, for many victims, the hardest step is often the first: deciding to seek justice. While the emotional toll of harassment is undeniable, many also face the daunting question of how to afford legal help.
If you’ve endured a violation of your personal safety and well-being, you may be wondering, how much does a sexual harassment lawyer cost?
First off, it’s completely understandable to feel uncertain about the financial commitment involved in seeking justice. However, understanding the costs upfront can help you make an informed decision, giving you the clarity and confidence to take the next step toward protecting your rights.
What Constitutes Sexual Harassment According to the Law?
Sexual harassment is illegal under both federal and state laws, particularly in the workplace, and can also occur in other settings, such as schools and housing. The U.S. Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcome conduct of a sexual nature that creates an intimidating, hostile, or offensive environment or involves the abuse of power where sexual favors are demanded for employment benefits.
Types of Sexual Harassment Defined by Law:
- Quid Pro Quo: This occurs when an individual in a position of power demands sexual favors in exchange for job-related benefits such as promotions, raises, hiring, or continued employment.
- If the request for sexual favors is rejected, retaliation such as demotion, firing, or a denial of opportunities may occur. This form of harassment is often more straightforward but is equally harmful and illegal.
- Hostile Work Environment: This form of harassment occurs when unwelcome sexual advances interfere with a person’s ability to perform their job. This includes verbal conduct (such as sexually explicit comments, jokes, or innuendos), non-verbal conduct (like inappropriate gestures or visual displays), or physical conduct (such as sexual assault).
- For conduct to be considered a hostile work environment, it must be severe, pervasive, or continuous, making it difficult for the individual to work or feel safe in the environment.
The Financial Commitment of Hiring a Sexual Harassment Lawyer
Litigation costs can vary greatly depending on several factors, including where you live, the law firm you choose, and the specific details of your case.
In general, sexual harassment lawyers, especially those with experience in employment law, offer several payment options to accommodate victims of harassment. The most common of these are contingency fees and hourly fees. Let’s break them down:
Contingency Fees: Pay Only If You Win
A contingency fee is a payment structure where the lawyer only gets paid if you win the case. This can make legal services accessible to many individuals who might otherwise struggle to afford them.
The lawyer typically takes a percentage of the settlement or judgment award—usually around 33-40%—though this can vary. The beauty of this contingency fee arrangement is that you don’t have to pay any legal fees upfront, which removes a significant financial burden.
For example, if you win your case and receive a settlement of $100,000, and your attorney has a 33% contingency fee agreement, you would pay $33,000 in attorneys’ fees. While it might seem like a large percentage, it’s important to remember that the lawyer is taking on all the risk—if your case is unsuccessful, you typically won’t owe them any contingent fees.
Hourly Fees: Paying by the Hour
In some cases, sexual harassment lawyers may charge hourly fees, especially if the case is less straightforward or if you have a more complex legal issue.
These fees are charged for every hour the lawyer works on your case, and can range from $150 to $500 per hour, depending on the lawyer’s experience, location, and reputation.
Hourly fees can add up quickly, especially if the case drags on for a long time. This structure can sometimes be harder to predict, but it offers the advantage of more control, as you only pay for the work that’s actually done.
Flat Fees: A Set Cost for Specific Services
In some situations, lawyers may offer a flat fee for certain services, such as providing a legal consultation or drafting specific legal documents. These fees tend to be lower than hourly fees but are less common for full-scale sexual harassment lawsuits.
Additional Costs: Filing Fees and Litigation Expenses
Aside from attorneys’ fees, there are other potential costs involved in pursuing a sexual harassment lawsuit. These can include:
- Court filing fees: The fees charged to file a lawsuit with the court, which can range from $100 to $400.
- Expert witness fees: If your case requires expert testimony (e.g., from psychologists or medical professionals), these costs can add up quickly.
- Investigation costs: Gathering evidence may require paying for investigative services or document retrieval.
Fortunately, in many cases, if you win your lawsuit, you may be able to have these costs reimbursed as part of your settlement.
Key Legal Protections for Individuals Facing Sexual Harassment
Sexual harassment is a violation of personal rights and dignity, and there are significant legal protections in place for individuals who experience it.
These protections aim to safeguard victims from harassment in various environments, including the workplace, educational settings, and public spaces. Below are some of the most important laws that protect individuals against sexual harassment, focusing on federal protections as well as specific state laws, particularly in California.
1. Title VII of the Civil Rights Act of 1964
Title VII is the primary U.S. federal law that prohibits sexual harassment in the workplace. It defines sexual harassment as a form of sex discrimination, covering both quid pro quo (where sexual favors are demanded in exchange for job benefits) and hostile work environment (where unwanted sexual conduct creates an intimidating atmosphere).
Employers with 15+ employees must act swiftly upon receiving harassment complaints, and failure to do so can lead to legal consequences. Employees can file complaints with the EEOC for investigation or resolution if they’re struggling with any kind of employment discrimination, wrongful termination or sexual harassment.
2. California’s Fair Employment and Housing Act (FEHA)
California’s FEHA provides broader protections than Title VII, applying to employers with just 5+ employees.
FEHA covers sexual harassment, gender, and sexual orientation discrimination in the workplace, housing, and education. It mandates proactive training and requires employers to have clear anti-harassment policies, while also enforcing strict measures to prevent and remedy harassment.
3. California’s Enhanced Workplace Protections
California law further strengthens sexual harassment protections, requiring employers to provide mandatory biennial training for all employees.
Employees can file complaints with the Department of Fair Employment and Housing (DFEH) within one year of an incident. Retaliation against those reporting harassment is prohibited, and legal action may be pursued if mediation fails.
4. Education and Housing Protections in California
Beyond the workplace, California law extends protections in education and housing. Schools must address harassment under Title IX (federal) and state law.
The California Fair Housing and Employment Act also ensures protection from sexual harassment in housing, safeguarding individuals’ rights regardless of sex or sexual orientation.
5. Other Relevant Laws in California
In addition to FEHA, California has several other laws to protect individuals from sexual harassment and abuse:
- California Penal Code § 243.4: Addresses sexual battery, which includes unwelcome touching of an intimate part of another person for sexual gratification.
- California Labor Code § 1197.5: Requires employers to maintain a workplace free from harassment and allows employees to report harassment without fear of retaliation.
- California Family Rights Act (CFRA): Protects employees who take family leave, including those who may need time off to deal with harassment-related trauma.
Time Limits for Filing a Claim
The time you have to file a sexual harassment claim can vary depending on whether you are filing with a federal or state agency. Under federal law, the statute of limitations for filing with the Equal Employment Opportunity Commission (EEOC) is generally 180 days from the date of the harassment.
However, if the state has its own fair employment practices agency, this deadline can extend to 300 days. For example, in California, victims of workplace harassment under the Fair Employment and Housing Act (FEHA) have one year to file a claim with the Department of Fair Employment and Housing (DFEH). It’s important to act quickly, as missing the filing deadline can bar you from pursuing a claim.
Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) options, such as mediation or arbitration, can be alternatives to traditional litigation in sexual harassment cases. These methods involve a neutral third party helping both the victim and the employer resolve the issue outside of court.
While ADR can be faster and less expensive, it may not always lead to the same outcomes as a court trial, and confidentiality clauses can sometimes limit the victim’s ability to speak freely about the case.
It’s essential to weigh the pros and cons—ADR may be more appropriate for some cases, but it may also limit certain legal rights or remedies. Be sure to consult with your attorney to understand if ADR is a suitable option for your case.
Take Charge of Your Case
Facing sexual harassment is difficult enough without the added stress of navigating the legal system. With the right support, however, you can take confident steps toward justice. Whether you’re exploring fee structures, seeking low-cost legal options, or considering alternatives like mediation, understanding your choices can make all the difference.
If you’re ready to move forward with your case, Bourassa Law Group is here to help you explore your options and secure the best possible outcome, starting with a free case evaluation.
Don’t wait any longer—contact us today for your free consultation, and let us guide you through the process.
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