Harassment Complaints Mount, But Successful Suits Remain Elusive

The number of inquiries hitting California attorney John Winer’s office each week has risen sharply since the Harvey Weinstein scandal broke.

Women who endured unwanted touching at work, gay men harassed by co-workers, and others who say they were terminated for reporting inappropriate behavior have all asked him to consider taking their cases.

But because of hurdles in the laws meant to protect workers from harassment, many of the inbound calls won’t become lawsuits. “We’re getting a lot of cases we just can’t bring,” said Mr. Winer. To some potential clients who say they are finally ready to have their day in court, “I have to tell them their day is passed.”

In recent weeks, many accusing powerful figures of sexual impropriety have done so through the press and social media. But increasingly, those with complaints of workplace harassment are looking for help through the courts, prompting calls for reforms around Title VII of the federal Civil Rights Act of 1964.

Statistics show that the deck is stacked against people making claims, plaintiffs’ lawyers say.

Legal analytics company Lex Machina found that while more than 75% of employment cases settle, almost always under nonpublic terms, when the courts do reach a determination on sex or gender discrimination under Title VII, they favor defendants more than 95% of the time.

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