Quote:
Originally Posted by xoxoxoBruce
Yeah but it depends on who decides between sexual innuendo and a compliment. You know as well as I do there are some people that are wound differently than most, and interpret everything around them as a threat, be it words or the weather. Most cases end up being he said/she said, and at least in large companies, the lawyers recommend siding with she said, to cover their corporate asses. In that case the law becomes a weapon for all kinds of extortion.
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I was curious about how many cases were filed that were successful even though the situation was a he says/she says. You cant find those kind of numbers. But what I did find was interesting.
Of the cases that got filed with the EEOC in 2009 :
47.5% were No Reasonable Cause
EEOC's determination of no reasonable cause to believe that discrimination occurred based upon evidence obtained in investigation
23.7% were Administrative Closure
Charge closed for administrative reasons, which include:failure to locate charging party, charging party failed to respond to EEOC communications, charging party refused to accept full relief, closed due to the outcome of related litigation which establishes a precedent that makes further processing of the charge futile, charging party requests withdrawal of a charge without receiving benefits or having resolved the issue, no statutory jurisdiction
11.6% were Settlements
Charges settled with benefits to the charging party as warranted by evidence of record. In such cases, EEOC and/or a FEPA is a party to the settlement agreement between the charging party and the respondent (an employer, union, or other entity covered by EEOC-enforced statutes).
10.8% were Withdrawals w/Benefits
Charge is withdrawn by charging party upon receipt of desired benefits. The withdrawal may take place after a settlement or after the respondent grants the appropriate benefit to the charging party.
6.3% were Reasonable Cause
EEOC's determination of reasonable cause to believe that discrimination occurred based upon evidence obtained in investigation. Reasonable cause determinations are generally followed by efforts to conciliate the discriminatory issues which gave rise to the initial charge. NOTE: Some reasonable cause findings are resolved through negotiated settlements, withdrawals with benefits, and other types of resolutions, which are not characterized as either successful or unsuccessful conciliations.
These numbers just don't show to me that frivolous sexual harassment charges are successful.