unwelcome gestures, jokes, or comments made to an employee. There is such a large spectrum of what can be deemed sexual harassment, that sometimes individuals who are reporting less overt incidents, are not treated with the same dignity and respect as someone who may be reporting a physical assault. Law firms should not minimize an employee’s report of sexual harassment as they have a legal and ethical responsibility to address their complaint and prevent future sexual harassment. Resolving Disputes: The Role of Mediation and Confidential Settlements Our firm assists employees who are suffering a hostile environment and who have been sexually harassed or retaliated against. The path to resolution does not always involve a court filing, instead, the parties decide to discuss settlement amongst themselves. Many times, a negotiation takes place between our firm and the company’s lawyers in an effort to make our clients whole. If the parties think that resolution is possible, then we may engage a mediator for assistance. A mediation is when both sides sit down with a neutral party to discuss the facts and possible resolution. Resolution is typically monetary relief to compensate the employee for the emotional and physical harm they suffered. Compensation can also be sought if they suffered any monetary consequences such as wage loss, particularly if they lost their job for reporting or had to leave their job because the work environment was intolerable. There are a plethora of reasons why mediation is a beneficial process for both sides. Many times, mediation takes place before a public lawsuit is filed, and presuit mediation can serve as a faster and less stressful alternative to court filing. This can help both parties because once a complaint is filed in court, the complaint 14 LAWYER MONTHLY MARCH 2025 Sexual harassment is any unwanted and inappropriate behavior of a sexual nature that may cause a hostile work environment... There is such a large spectrum of what can be deemed sexual harassment.
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