Overlooked Clue in Cain's Sex Harassment Story

Written by David Frum on Monday October 31, 2011

Here's the most neglected detail in the Politico story on Herman Cain and the sex harassment charges:

Both women received separation packages that were in the five-figure range.

In the context of late 1990s sex harassment litigation, that is a small settlement.

(Here's a sampling of some recent settlements, with awards of up to $80 million.)

The smallness of the settlement deserves attention because sexual harassment is a tort that covers a lot of territory, everything from prolonged and brutal sexual humiliation to an untoward joke. A settlement in the $10,000-$90,000 range is likely going to arise from behavior that is on the low-end of the spectrum.

If it turns out that this case arose because Herman Cain said something that he thought was funny - but that somebody else did not - I doubt that anybody would regard that as legitimate reason to disqualify him for the presidency (from which he is sufficiently disqualified on other grounds).