All employees have the right to work in a safe work environment free of unwanted workplace sexual harassment, assault, or abuse. Unfortunately, sexual harassment, assault, and abuse occur at work. Assault and harassment can be extremely traumatic and life-altering experiences. After experiencing any form of sexual abuse at work it can be hard to know where to turn. You are not alone; a sexual assault attorney will be able to advocate for you and your right to work free of harassment or assault. Navruz Avloni is an experienced attorney dedicated to fighting for your right to a workplace free of unlawful sexual violence. Click here to schedule a free consultation with Navruz Avloni.
What Is Sexual Assault in the Workplace?
Sexual assault is generally defined as sexual contact that occurs without consent. There may be a lack of consent because the survivor resisted the contact or because the survivor was unable to give consent. Anyone, regardless of sex or gender identity, can be the victim of sexual assault, and anyone, regardless of sex or gender, can be an assailant.
Sexual assault, regardless of venue is a crime. In cases of sexual assault, criminal charges may be brought by the government against the perpetrator. If you are a survivor of a sexual assault or feel that you are in danger, do not hesitate to call 911 for assistance. Your immediate safety is the priority.
What Constitutes Sexual Assault in the Workplace?
Sexual assault at work includes any sexual contact that occurs without consent and happens in the workplace or at a work-related event. Anyone, regardless of sex or gender, and regardless of job title, can be the victim of sexual assault, and anyone, regardless of sex or gender, can be an assailant. Any sexual assault the occurs outside of the office, but at a work-related event such as a holiday party or conference, calls under the purview of the workplace.
Sex discrimination and workplace harassment, including both hostile work environment harassment and quid pro quo harassment, does not necessarily constitute sexual assault. Learn more about sex discrimination and sexual harassment.
Steps to Take After Being Sexually Assaulted in the Workplace:
If you have experienced sexual assault at work, you may be entitled to compensation, including emotional distress and punitive damages under federal and state laws. Take the following steps to support your case:
- Prioritize your immediate safety. First and foremost, prioritize your safety and wellbeing; move to a safe place away from the perpetrator.
- Call for assistance, and report the assault. If or when you can, reach out to law enforcement if you feel unsafe or if you have been assaulted. Reporting sexual assault is overwhelming. If you are comfortable, report the sexual assault to your employer, either to a trusted supervisor, co-worker, or to human resources.
- Preserve evidence. Record all relevant events or interactions in writing. Save related notes and documents. If you have reported the assault to somebody at your place of work, a therapist, a friend, family member, or other confidant, make note of that conversation. Make an effort to preserve any physical evidence of the assault. If necessary, seek medical attention for a sexual assault forensic exam or rape kit.
- Review company policy. You may want to request a copy of our employer’s sexual harassment policy, and ask for information on their procedures regarding cases of sexual harassment and assault.
- Reach out to an employment attorney. At any point in this process, if you feel unsafe at work and fear that you may be at risk of assault, if you have been assaulted, or if you have already reported an assault to your employer, an attorney will be able to help you understand your legal options as you navigate this.
- Make a formal complaint. With the help of an attorney, you may decide to take civil legal action. In order to bring a civil lawsuit for damages, you may file a complaint with the Federal Equal Employment Opportunity Commission (EEOC) and/or with the California Civil Rights Department (CCRD) within three years of the assault. After you file an administrative complaint, you may receive a right to sue, at which point you will have 90 days to file a complaint in federal court after receiving your EEOC right to sue, or 1 year to file a complaint in state court after receiving your CCRD right to sue notice. A sexual harassment attorney will be able to help you understand your statute of limitations.
Legal Rights of Workplace Sexual Assault Victims
If sexual assault occurs at work (or at a work-related event), the survivor my bring a civil case against the employer and/or the assailant for sexual harassment. Under both federal law and California employment law, employers are responsible for creating a work environment free of any sexual harassment, including sexual assault. Your employer can be held accountable for sexual assault if the assailant was a supervisor or manager at the workplace, or if the employer failed to provide a safe working environment by failing to prevent sexual harassment from occurring.
The law also protects employees who report sexual assault at work. If you report a sexual assault to your employer, resist sexual assault in the workplace, or participate as a witness in a sexual assault complaint, your employer may not treat you unfavorable as a result. If your employer has treated you differently because you reported or resisting any form of sexual assault, your employer may be liable for retaliation.
Navruz Avloni is an experienced employment attorney passionate about combatting sexual harassment and assault in the workplace. If you are experiencing harassment or assault in the workplace or are looking for a lawyer who can help, reach out to Navruz Avloni for a free consultation. We represent clients across California, with offices in Los Angeles, San Jose, and San Francisco.