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Mar 16, 2017 at 16:32 comment added BradC Let us continue this discussion in chat.
Mar 15, 2017 at 22:39 comment added DepressedDaniel @BradC Nope. First of all, compensatory damages for lost wages can be awarded even if the harassed party quits "voluntarily" because of the hostile environment at work (and even if the employee later rejoins the company should the issues be resolved amicably in the end). Secondly, compensatory damages includes "pain and suffering", which can be emotional distress such as OP has experienced. Regarding the reason I brought up token resistance, it's because sometimes the issues become framed in terms of whether the woman did enough to say "no".
Mar 15, 2017 at 22:29 comment added BradC Outside of psychology textbooks, "token resistance" is pretty much used only by the PUA community to excuse their ongoing harassment of a woman who has already told them no. So unless your point was "some dudes are total sleazebags that have convinced themselves your NO doesn't actually mean NO", then I don't know why you even brought it up. Because we already know this guy is a total sleazebag.
Mar 15, 2017 at 22:24 comment added BradC Compensatory damages won't exist until/unless she is fired and/or loses a promotion, etc, which hasn't happened in this case. There is nothing to compensate for right now, financially speaking. And sure, it's possible she could win a punitive damage claim, but it is far from a slam dunk, especially since (up until the last update), the CEO didn't have all the details. Attorneys are less likely to take case on contingency if there are only punitive damages, because that is much more of a risk (for them).
Mar 15, 2017 at 22:21 comment added DepressedDaniel @BradC And as to token resistance, well, I don't have mountains of sexual experiences to go by, but from my understanding it's a sufficiently real thing to receive some treatment in Psychology textbooks, etc. It may not apply to all women but certainly to some.
Mar 15, 2017 at 22:14 comment added DepressedDaniel @BradC No clear monetary damages in a sexual harassment case? You must be joking. Absolutely joking. See this: nolo.com/legal-encyclopedia/…. To quote the relevant part: Punitive damages are available if your employer was aware of the harassment but didn’t take any steps to correct the situation. This usually means that human resources or someone in upper management knew what was happening to you and failed to do anything about it. Which just fits like a glove in OPs case. Also, compensatory damages and front pay would be a given.
Mar 15, 2017 at 21:59 comment added BradC So while I agree with seeing an attorney if the CEO doesn't ultimately take action (see OP's latest update), I disagree with pretty much the rest of this answer: First, while it might in fact be winnable, this isn't a "slam-dunk" case that would "have attorneys drooling" (no clear monetary damages, to state the most obvious); Second, if OP decides that walking away without a fight is necessary for her own safety and sanity, I'm not going to second guess that in the name of "setting women back"; Third, "token resistance" is PUA (pick-up artist) bullshit, pure and simple.
Mar 15, 2017 at 5:02 history answered DepressedDaniel CC BY-SA 3.0