Jump to ContentJump to Main Navigation
Directions in Sexual Harassment Law$
Users without a subscription are not able to see the full content.

Catharine A. MacKinnon and Reva B. Siegel

Print publication date: 2003

Print ISBN-13: 9780300098006

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300098006.001.0001

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 25 May 2022

Damages in Sexual Harassment Cases

Damages in Sexual Harassment Cases

(p.324) 20 Damages in Sexual Harassment Cases
Directions in Sexual Harassment Law

Cass R. Sunstein

Judy M. Shih

Yale University Press

This chapter attempts to make some progress on the questions regarding damages in sexual harassment through some descriptive and empirical claims. The basic finding is that people, including jurors, have a very hard time in mapping their judgments onto a dollar scale. Thus, there is likely to be a high degree of variability and randomness. People who are similarly situated will not be treated similarly, whether plaintiffs or defendants. Juries that share moral judgments about the outrageousness of a defendant's conduct may well come up with very different punitive awards, and more egregious cases may be punished less severely than less egregious ones. The same holds true for compensatory damages; juries that share judgments about the underlying facts may well come up with widely varying dollar amounts. The chapter hopes to explain this apparently contradictory statement.

Keywords:   damages, empirical claims, jurors, judgments, dollar scale, variability, randomness, punitive awards, compensatory damages

Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.