Understanding the barriers to litigating sexual harassment claims

Courts hear very few claims about sexual harassment. The vast majority are resolved through confidential conciliation processes or are withdrawn. Through an examination of a decade of federal sexual harassment cases, this Brief identifies some of the reasons women are reluctant to litigate sexual harassment claims including having to give evidence and being cross-examined, the financial and emotional cost of litigation, and the impact a trial can have on the complainant’s health and wellbeing.