NCJ Number
170769
Journal
Trial Volume: 33 Issue: 10 Dated: (October 1997) Pages: 32-36,38-39
Date Published
1997
Length
7 pages
Annotation
Depositions of sexual harassers require the attorney to have an understanding of the law regarding sexual harassment and a carefully planned strategy, because the claims are complex and emotional and the harasser is probably the only person other than the plaintiff who experienced the central events alleged in the complaint.
Abstract
Successful deposition of the harasser requires that the attorney also determine the goals of the deposition, explore the facts of the underlying complaint and the law relating to it, and devise a strategy to put the harasser at ease and enable the attorney to obtain the crucial admissions necessary to prosecute the case. The two types of harassment have different liability standards. One type is quid pro quo harassment, in which a supervisor demands sexual favors as a condition for job benefits. The other type is harassment that creates an offensive or hostile work environment. The plaintiff's attorneys should also recognize that they usually have only one opportunity to depose the alleged harasser. They should consider several factors when planning strategy, including the advantages and disadvantages of having the plaintiff present for the deposition.