Sexual Harassment Remedies and Damages

What You Can Actually Get When You File a Harassment Claim

If you’ve been sexually harassed at work, you’re probably wondering what real justice looks like. It’s not just about exposing the person who crossed the line. It’s about getting compensated for what you’ve been through. That includes your emotional distress, your lost income, and sometimes even punitive damages when the conduct was truly egregious.

Our employment law attorneys at Horn Wright, LLP, work to make sure you’re not left picking up the pieces alone. Whether you’re in New York or based in nearby states like New Jersey, New Hampshire, Maine, and Vermont, we know how to secure meaningful outcomes. 

And yes, those states have different rules, like stricter caps in Maine or varying filing procedures in Vermont, but our team knows how to handle it all.

Not Just About Money: What Counts as a Legal Remedy

Money matters. But it’s not the only thing victims deserve. Legal remedies are all the ways the law can step in to make things right or at least better than they were before.

• Compensatory damages. These cover your actual losses - like therapy costs, out-of-pocket expenses, or wages you missed out on due to time off. It’s meant to restore what the harassment took from you. That includes both financial hits and emotional tolls. Every receipt, paycheck stub, and doctor’s note can support your claim.
• Punitive damages. These aren’t about what you lost. They’re about punishing the employer or harasser for outrageous behavior. Not every case qualifies, but when it does, the amount can be significant. Think repeated, intentional misconduct that management ignored. These damages are designed to send a message.
• Reinstatement or front pay. If you were forced out of your role, the court might award your job back or pay to cover what you’ll lose going forward. Front pay is especially useful if returning isn’t an option. This is more common when retaliation cost you your position. Judges weigh your job market and prospects when calculating these amounts.

Emotional Distress Has Real Dollar Value

The law doesn’t just care about your paycheck. It cares about your pain, your stress, your sleepless nights. If harassment wrecked your mental health or left you scared to step into your workplace, that matters.

New York allows emotional distress damages even if you didn’t lose money. You’ll need strong evidence—like therapy records, medical notes, or testimony about how your life changed—but it’s absolutely possible. These damages often reflect the deepest harm.

Our employment law practice has helped clients in every setting, from high-rises in Manhattan to remote offices in upstate New York, get compensated for invisible wounds. 

Judges understand that the effects of harassment don’t disappear just because you clock out. And in many cases, this kind of damage makes up the largest portion of a claim.

The IRS Might Want a Piece of It

Here’s something most people don’t realize: not all damages are taxed the same way. Some of what you win might go straight into Uncle Sam’s pocket, unless it qualifies for exclusions.

• Wage-based damages. If you get back pay or lost wages, the IRS usually sees that as regular income. That means taxes apply. You’ll need to plan for this. Your lawyer can help structure the payout to reduce surprises.
• Emotional distress damages. These may be tax-exempt, if you can show they stem from physical symptoms. Think migraines, ulcers, panic attacks. But purely emotional injuries might still be taxed. A doctor’s diagnosis can make the difference.
• Punitive damages. These are nearly always taxable. They’re not tied to what you lost—they’re meant to punish. Set aside a portion of anything you receive in this category. Your attorney can explain how to handle it at tax time.

Settlements vs. Lawsuits: Two Roads, One Goal

You don’t have to go to trial to get paid. Most harassment claims settle out of court, and in many cases, that’s a good thing. Settlements are faster, private, and give you more control.

That said, lawsuits can sometimes yield bigger awards, especially if your case is strong and your employer refuses to budge. It all depends on how they respond. Either way, having a lawyer who’s prepared to go the distance gives you leverage.

In New York, settlement negotiations often happen through the Division of Human Rights or the Equal Employment Opportunity Commision (EEOC) first. If those fail, you can take your case to court. And when settlement talks stall, filing a lawsuit can push the process forward. We’ll guide you through every step and explain what to expect.

Don’t Overlook the Value of Policy Changes

Sometimes, the most powerful outcome isn’t a dollar amount. It’s knowing the company has to change. You can demand training, disciplinary measures, or even changes to workplace procedures as part of your settlement.

• Mandated training. Employers may have to train staff on harassment policies, creating a safer environment going forward. Prevention starts with education. Employees become better equipped to spot and stop misconduct early.
• Management changes. If someone in leadership enabled the misconduct, they may be reassigned or let go. That sends a strong message to the entire team. You can help make sure no one else goes through what you did. Corporate cultures only shift when leadership does.
• Written apologies or public acknowledgments. In some cases, a formal apology becomes part of the remedy. It’s about accountability. Owning up matters. It also validates your experience in ways that money sometimes can’t.

Caps and Limits: What You Should Know

Federal law places limits on how much you can receive in certain harassment cases. But New York law is far more generous and often overrides those caps.

Under New York’s Human Rights Law, there are no damage caps for emotional distress or punitive damages. That means if your employer did something truly outrageous, you can pursue compensation that actually reflects the harm. Other states aren’t always so flexible.

In Maine, for example, damages can be capped depending on the size of the employer. Vermont and New Hampshire also have administrative steps that might delay how quickly your case gets to court. 

Smaller companies may also be subject to lower maximum payouts. That’s why it’s important to have an employment law attorney who knows the local landscape.

Let’s Talk About What You Deserve

Harassment took something from you. Maybe a job, maybe peace of mind, maybe both. The law gives you tools to get it back. At Horn Wright, LLP, we’ll fight to make sure your outcome is real.

One of the most respected law firms in the country is here to help you claim the respect and restitution you’ve earned. Call (855) 465-4622 today to get started. Let’s schedule your free consultation.