The effects of psychological injury on juror perceptions and liability determinations in hostile environment sexual harassment cases

Abstract

The present study investigated whether the presentation of severe psychological injury increased the perceived likelihood of sexual harassment and more plaintiff-friendly verdicts in a hostile environment sexual harassment claim. Four hundred thirty-two participants were presented with a case summary divided into five paragraphs. Within the fifth paragraph, participants were informed that the plaintiff suffered from different severity levels of psychological injury. Gender was monitored to ensure a proportional amount of males and females in each condition. Results indicated that the presentation of psychological injury in any form increased the likelihood of perceived sexual harassment and verdicts for the plaintiff. Participants believed that garden-variety injuries (i.e., embarrassment, humiliation) were more likely to occur from sexual harassment, and had a greater impact on their perceptions and liability determinations. These results suggest that participants may use the presentation of psychological injury as a heuristic that when present, favors the plaintiff.Ball State University Muncie, Indiana 47306