Impact of Ethnicity, Gender, and Previous Experience on Juror Judgments in Sexual Harassment Cases1

Abstract

To examine the influence of gender, having been the target of sexual harassment, and ethnicity on jury decisions, 215 respondents reviewed 17 sexual harassment cases ranging on a continuum from relatively innocent to severe. Respondents indicated their perception of the offensiveness of the cases as well as whether they would vote for the plaintiff or for the defendant. Jurors voting for the plaintiff also indicated whether monetary damages should be awarded. Results of the study indicate that gender and prior experience with sexual harassment affect the outcomes in sexual harassment cases when behaviors can be classified as ambiguous. Results were mixed for the influence of gender and having been sexually harassed for relatively innocent and severe cases. No ethnicity effects were found. A discussion of the legal implications of these findings is included.