You Aren't Alone: The Class Action Path for Sexual Misconduct

Use these links to jump to different sections:

• What is Sexual Harassment?
• What is a Class Action Lawsuit?
• How Do You “Certify the Class” in a Class Action?
• Find an Attorney with Experience in Sexual Harassment Claims

In the years following the emergence of the #MeToo movement, more light has been shed on sexual harassment and abuse perpetrated by executives, politicians, celebrities, clergy, health professionals, and others in positions of power and influence.

With the allegations often surrounding repeated offenses, as opposed to isolated incidents, scrutiny has likewise turned to systemic problems.

Reporting to law enforcement for a criminal investigation is one method of achieving justice, but jailing a predator isn’t the only way to enforce the legal rights of victims of sexual assault and harassment. Another option is a class action lawsuit.

What is Sexual Harassment?

Sexual harassment is a form of sex-based discrimination under federal and state law. It is any unwelcome advance of a sexual nature—whether verbal or physical conduct—targeted at someone because of their sex, gender identity, or sexual orientation.

Title VII of the U.S. Civil Rights Act is one of the preeminent federal laws prohibiting sex discrimination. As explained by the U.S. Equal Employment Opportunity Commission (EEOC), there are two forms of sexual harassment in the workplace:

• Quid pro quo sexual harassment: someone with authority over employment decisions requests sexual favors or sexual acts as a condition of continued employment;
• Hostile work environment: the employee is subjected to sexualized jokes, sexual advances, or disparaging comments from coworkers or supervisors.

Federal law also extends anti-discrimination protections to college students and others in educational settings that receive federal funding.

What is a Class Action Lawsuit?

A class action suit is aimed at giving a large group of people the ability to have their claims heard.

A single or small group of named plaintiffs can bring a lawsuit on behalf of a large number of victims, gaining the advantage of expediency and pooled resources to right a wrong.

How Do You “Certify the Class” in a Class Action?

Once the lawsuit is filed alleging wide harm to a large group of people, the biggest hurdle is convincing the court to “certify the class.”

To do that, attorneys must prove four things:

1. Numerous: There are enough people harmed that prosecuting each individual claim would be impractical, and the process may be streamlined by joining the group in one action.
2. Commonality: There is a common question of law or fact, and the determination of its truth or falsity will resolve an issue that is central to the validity of each claim.
3. Typicality: The claims of the named plaintiff are typical or substantially similar to those of the entire class of people harmed.
4. Adequacy: The attorney or team of attorneys are sophisticated enough to represent the interests of all party members.

Find an Attorney with Experience in Sexual Harassment Claims

If you have experienced sexually harassing behaviors in the workplace, educational settings, or other contexts and are considering legal action, consider contacting an experienced attorney or law firm in your area to explore your options for seeking justice and preventing others from experiencing such harm in the future. 

For more information on this area of law, see our overviews of sexual harassment and class actions.