Federal Cap on Monetary Damages for Workplace Sexual Harassment Lowers Incentive for Firms to Combat It

According to a study from an economist at Vanderbilt University, the current federal cap on monetary damages for workplace sexual harassment is far too low. Thus firms have little or no incentive to take stronger measures to prevent the behavior. The author, Joni Hersch, believes that one of the reasons sexual misconduct is prevalent in the workplace is that addressing these problems is difficult and expensive, making it actually more cost-effective for companies to simply pay any penalties that arise.

“My approach to identifying the level of damages that would incentivize firms to deter sexual harassment started by recognizing that sexual harassment is a job risk,” Dr. Hersch said. “We know workers must be paid more to work on jobs with a higher risk of fatality or injury. But it wasn’t known whether firms had to pay workers more when they face a higher risk of sexual harassment.”

Using sexual harassment data from the Equal Employment Opportunity Commission, Dr. Hersch calculated the risk of sexual harassment by gender, industry, and age. She found that in industries where sexual harassment is more prevalent, women were paid more. That worked out to an average about $500 per year per female worker in a firm with an average rate of sexual harassment relative to firms with little or no risk of sexual harassment.

Using the risk of harassment, average wages, hours worked and the number of employees, Dr. Hersch was able to develop a formula for calculating the value of statistical harassment — the necessary damages award at which it is more cost-effective for a company to avoid one case of sexual harassment that results in a legal charge than to pay employees to bear the risk of it.

In today’s dollars, that works out to $7.6 million on average. This figure reflects the average societal harm caused by sexual harassment as revealed by the hazard pay workers require to be willing to be exposed to this risk. Dr. Hersch also notes that harassers are often valued employees, implementing measures to stop sexual harassment costs money, these cases rarely get to court, and damages are capped at very low levels.

“You’d think the cost of paying women more for their exposure to sexual harassment risk would deter companies from ignoring the problem,” Dr. Hersch said. “But obviously that’s not sufficient.”

Dr. Hersch is the Cornelius Vanderbilt Professor of Law and Economics at Vanderbilt Law School, with secondary appointments in the department of economics and the Owen Graduate School of Management. She also serves as the co-founder and co-director of Vanderbilt’s Ph.D. program in law and economics. She holds a bachelor’s degree in mathematics from the University of South Florida and a Ph.D. in economics from Northwestern University.

The full study, “Valuing the Risk of Workplace Sexual Harassment,” was published in the Journal of Risk and Uncertainty. It may be accessed here.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Related Articles

Latest News

Robin Lynn Cautin Named the Eleventh President of Regis College in Massachusetts

Dr. Cautin, provost of Sacred Heart University in Connecticut, brings over two decades of higher education experience to her new role as president of Regis College in Weston, Massachusetts. She is slated to begin her presidency on July 1.

Antonia Maioni Named the First Woman President of John Cabot University

John Cabot University is a private American University based in Rome, Italy. Dr. Maioni, currently a professor at McGill University in Canada, is slated to become John Cabot's first woman president on July 1.

Michele Murray Appointed President of the Association of Jesuit Colleges and Universities

The Association of Jesuit Colleges and Universities is a national organization that supports Jesuit higher education institutions in the United States, Belize, and Canada. Dr. Murray, who currently serves as senior vice president for student development and mission at the College of the Holy Cross, is slated to become the association's next president on June 2.

Alicia Slater Appointed Provost at Rollins College in Florida

Dr. Slater comes to her new role from Marist University in Poughkeepsie, New York, where she has been serving as senior associate provost, dean of science, and professor of biology.

Emelyn A. dela Peña to Lead the National Association of Diversity Officers in Higher Education

Dr. Peña brings over three decades of higher education experience to her new role as president and CEO of the National Association of Diversity Officers in Higher Education. Her background includes key leadership roles with several universities across the country.

Communications Publications Editorial Manager (Website Content Manager)

The Website Content Manager serves as the primary website lead for the College, collaborating with team members across design, marketing, multimedia, public relations, and government affairs.

Assistant Senior Instructional Professor in the Social Sciences Core (Social Science Inquiry)

The Social Sciences Collegiate Division at the University of Chicago is now accepting applications for a full-time Assistant Senior Instructional Professor who will teach in and contribute to the management and administration of the Social Science Inquiry sequence in the Social Sciences Core.

Visiting Assistant Professor of Media Studies

The Department of Cinema & Media Studies at the University of Pennsylvania in Philadelphia invites applications for a one-year Visiting Assistant Professor position in the field of media studies.

Instructional Professor in Law, Letters, and Society (Open Rank)

The Social Sciences Collegiate Division at the University of Chicago is now accepting applications for a full-time Instructional Professor who will teach in the program in Law, Letters, and Society.

Assistant Professor AC Track Assistant Director of Clinical Chemistry Laboratory – Children’s Hospital of Philadelphia

Children's Hospital of Philadelphia and the Department of Pathology and Laboratory Medicine at the Perelman School of Medicine at the University of Pennsylvania seek candidates for an Assistant Professor position in the non-tenure academic clinician track. Expertise is required in the specific area of Clinical Chemistry.