The EEOC doesn't decide guilt or innocence. They are an agency that helps determine if it was possible there was discrimination. If there's a determination of guilt, that is by a judge or jury, that is if it actually goes to trial. Many go to mediation or settlement, which means no guilt or innocence charge is made, the employer and employee simply settle on how to make both parties happy without going to court.
Yes, an employer can be guilty.
sexual discrimination
Whichever court you are being tried in determines your sentence.
Both the harassing individual and the employer can be held liable for sexual harassment and there are state and federal laws in place to ensure this. typically the individual would lose their job and there are often private lawsuits against them as well.
sentence
There is no specific sentence for harassment because in the end it is up to the judges discretion. However, if found guilty the defendant can serve up to one year in jail.
no, he/she can not. that's ridiculous
In criminal court If you plead guilty to the charge you will then be quickly convicted of the crime and sentencing will be carried out. The Punishment for harassment (depending on the severity and the Laws of the state) can carry a prison sentence anywhere from 10 days to 3 years and/or fines from $150.00 to $10,000.00 Harassment can also be brought up in a civil law suit in which if you plead guilty to the charge you could have a judgment passed against you for a monetary amount and have to pay the person whom you harassed...
If you are found guilty of harassment in the second degree in court, you might receive a punishment that includes fines and possibly probation or another type of restitution. The punishment may also include up to 90 days in jail.Ê
No they do not. <><> First, it is not the employer, but the state who would pay the benefits. Second, if the employer claimed you were found guilty of any crime, it would be up to the state's employment security officer's investigation/determination as to the facts and the resultant denial.
Since no jury is present during a bench trial, it is solely the judge who decides guilty or not guilty.
The EEOC has no such power. Congress denied it to EEOC every time Congress amended Title VII since 1964. EEOC investigated a few charges and determines that there is "reason to believe that EEO law was violated". EEOC finds "reason to believe" in less than 10% of charges filed ... EVER. The other 90% are dismissed. EEOC then invites employer to settle. IF employer declines (most do decline) EEOC General Counsel in DC decides whether EEOC will sue. EEOC almost never sues, but dismisses the charge, inviting the charging party to sue at its own expense within 90 days of dismissal. Almost no one ever does. Plaintiffs win about 25% of EEO lawsuits, usually about six years after filing suit. Total damages are limited by law to $500,000 per person. No one has ever won a million dollar EEO jury award. (Class actions, a few, no individuals. Settlements a few, but never a jury award.)