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If the conduct is hostile environment harassment, the employer may avoid liability by showing (1) “that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior,” and (2) “that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.” Damages.
Under Minnesota law, sexual harassment plaintiffs may recover compensatory damages up to three times the actual amount suffered, damages for mental anguish and suffering, punitive damages up to $25,000 and reasonable attorneys’ fees. The Minnesota standard for awarding punitive damages in sexual harassment cases is proof by “clear and convincing evidence” of “deliberate disregard of the rights and safety of others.” In Jenson v.
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Eveleth Taconite, a federal appellate court held that employees seeking damages for mental anguish do not have to prove the percentage of psychological suffering caused the sexual harassment. A plaintiff may sue for multiple causes of action, such as a claim for battery in addition to sexual harassment, but may not receive a double recovery for the same harm. Sexual Orientation and Sexual Harassment.
Minnesota law provides a remedy for sexual harassment based sexual orientation. In Cummings v.
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