Brown v. Board of Education, Plessy v. Ferguson, Lois Jenson, and other landmark cases helped to create the modern class action lawsuit. However, these cases do not explain the class action process in its entirety. Let’s look at the different aspects of the sexual harassment class action, and how these cases led to the formation of class actions in the United States. Here are some steps in filing a class-action lawsuit.
Brown v. Board of Education
In 1951, NAACP leadership urged parents to send their children to the neighborhood school rather than the segregated school. When parents failed to comply with the directive, the schools redirected them to segregated schools. Five other lawsuits, including Brown v. Board of Education, gathered evidence and testified about the injustice. The Supreme Court’s decision in Brown v. Board of Education was the first of its kind in the United States.
The Supreme Court consolidated five cases, including Brown v. Board of Education, to find a class action lawsuit based on this decision. The NAACP had previously lost all five of its lawsuits in the trial courts, except for Gebhart v. Belton in Delaware. While Brown challenged the doctrine of separate but equal, other lawsuits alleged gross inequality, which would have violated the standards set by the Plessy ruling.
Plessy v. Ferguson
In the first decades following the case, Plessy v. Ferguson gained notoriety but did so much more than set a precedent. Several future lawyers were inspired by the Plessy case, including Thurgood Marshall and Charles Hamilton Houston. The case was eventually decided by a unanimous Supreme Court, but the ruling itself only took up about one sentence in the collective American mind.
In 1896, the United States Supreme Court handed down an important decision known as Plessy v. Ferguson. This landmark case affirmed that racial segregation laws were unconstitutional. As long as facilities were equal, the 14th Amendment didn’t apply to social rights. In other words, the lawsuit was a victory for the American people. Hundreds of thousands of people have since filed class-action lawsuits over the issue.
The dissenting opinion was written by Justice John Marshall Harlan. The lone dissenting justice, who later became known as the “Great Dissenter,” wrote that the United States Constitution is color-blind and does not tolerate classes among its citizens. This ruling was also a huge blow to the Southern states because it sanctioned segregated public buildings and intrastate railroads.
Lois Jenson
The Jenson v. Eveleth Mines case in the United States is a groundbreaking example of class action sexual harassment lawsuits. It took nearly 11 years for this lawsuit to settle, and it’s been the inspiration for a new film directed by New Zealand filmmaker Niki Caro. Lois Jenson was a single mother on welfare who was harassed at her workplace, an iron mine located 60 miles north of Duluth, Minnesota. Her lawyer, Paul Sprenger, found that Eveleth had a duty to protect her workers and prevent their abuse. Ultimately, the case was settled for millions of dollars, but it took 11 years and a great deal of emotional and physical toll on the women who filed the lawsuit.
The company denies the accusations, including the claims of sexual harassment and discrimination. The lawsuit also alleges that the company should have acted immediately to correct any sexual harassment incidents. Lois Jenson began working at Eveleth Mines on March 24, 1975. She was not at work during the 1992/1993 proceedings, but she was on medical leave. In 1992/1993, Jenson was on medical leave when the proceedings began.
Sexual harassment class action
If you think you have been the victim of sexual harassment, you can file a class-action lawsuit in the United States. Depending on the extent of your harassment, you may be eligible for back pay or front pay compensation. You may also qualify for punitive damages to punish your employer for failing to put an end to your harassment. Often, you will receive more money for your lawsuit than you would have if the harassment had been prevented.
While compensatory damages are usually awarded, you may be eligible to receive punitive damages, which are meant as retribution for your employer’s reckless or malicious conduct. Punitive damages can be awarded to you if you can prove that your employer knew of your harassment, but failed to do anything about it. In these cases, your employer may be liable for the rest of your life. Punitive damages can be as much as five times your salary, plus any front pay you were required to lose while you were suing.
