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Sexual assault at work is a serious and traumatic experience, and it happens more often than many people think. In a 2023 study of more than 2,600 people in New York state, 22 percent reported having experienced workplace sexual harassment. That number included 35.6 percent of cisgender women, 18.9 percent of cisgender men, and a staggering half of respondents who identified as non-cisgender.
If you are among the millions of people who have experienced sexual assault or harassment at work, you deserve compassionate support. The experienced attorneys at Joseph & Norinsberg are here to help with confidential advice and skilled legal representation. Reach out to a New York sexual assault lawyer to learn more about this empowering option.
What Qualifies as Workplace Sexual Assault?
Sexual assault in the workplace is a form of sexual harassment. It involves non-consensual physical contact of a sexual nature, such as groping, touching, rape, or attempted rape.
Sexual harassment encompasses any unwelcome behavior of a sexual nature at work, including sexual assault, and is covered by workplace anti-discrimination laws. Workplace harassment affects employment conditions or the working environment and may be verbal, non-verbal, or physical. If you have experienced this type of harm, reach out to a sexual harassment lawyer for help.
Assault is a more serious legal matter than other forms of harassment and can constitute a criminal offense under New York State law. It takes multiple forms in workplace situations, including the following:
- Unwanted touching: This includes physical contact of a potentially sexual nature, occurring without the victim’s consent. Examples may include grabbing, fondling, or suggestively brushing against a co-worker.
- Sexual coercion or pressure: This involves intimidating or pressuring someone into performing sexual actions against their wishes. A supervisor might promise favorable assignments, or a co-worker could threaten to expose a professional mistake.
- Sexual acts without consent: Intimate interactions, with or without penetration, that occur directly against the victim’s will are sexual assault. These may include anything from attempted or completed rape to forced groping or touching.
- Assault at work events or off-site locations: Any unwanted sexual contact occurring in a work-related setting, even if it does not happen on company premises, can constitute workplace sexual assault. Therefore, unwanted touching of a co-worker while on a work trip is still workplace assault.
- Assault of someone unable to consent: Performing a sexual act when one party is temporarily or permanently unable to agree to the behavior is considered assault. For instance, the victim may be intoxicated or have an intellectual disability that makes full consent impossible.
- Repeated and escalating physical harassment: Unwanted touching or explicit movements that continue and become increasingly intimate over time, despite complaints or requests to cease, rise to the level of assault. For instance, this occurs when an employee makes obscene gestures in a co-worker’s presence that gradually become more explicit and eventually lead to contact.
- Sexual assault by authority figures: This occurs when someone with power or influence over the victim perpetrates the intimate physical activity. Even when there is purported “consent,” the victim might be unduly influenced to provide it. Rape by an executive or senior manager is an extreme example, but any unwanted touching may qualify if there is a power differential.
Lack of consent is an essential aspect of assault, and workplace dynamics often complicate this, especially when one party has more power and can influence the victim’s employment status. When a supervisor or boss makes sexual advances, an employee may allow things to progress because they fear the other person will fire them, demote them, or treat them unfairly.
If someone “didn’t say no,” it does not mean they agreed to the sexual act. Even a “yes” may not be valid consent if the person submitted under pressure or fear of consequences.
What the Law Says About Workplace Sexual Assault
State, federal, and city laws prohibit workplace sexual assault in New York. Protections on the federal level include Title VII of the Civil Rights Act, which makes it unlawful to sexually harass or assault another person at work or in a workplace context.
Under federal workplace discrimination laws, an employer is liable for harassment or assault that negatively affects the victim’s employment, provided the employer could have prevented the action from happening. Title VII also includes a retaliation provision that makes it unlawful for an employer to take action against any individual who files a complaint of discrimination or harassment.
The Equal Employment Opportunity Commission, or EEOC, enforces federal workplace discrimination laws and investigates and adjudicates workplace sexual harassment and assault complaints.
On the state level, the New York State Human Rights Law, or NYSHRL, prohibits harassment and assault as sex- and gender-based discrimination and includes an anti-retaliation provision. This law explicitly protects against sexual advances by supervisors and positions in authority, specifically referring to those participating in internships, and also covering harassment by customers and clients.
The New York City Human Rights Law, or NYCHRL, provides additional protection to New York City workers. It requires employers to take immediate action to stop harassment and states that harassment victims may sue for damages, including punitive damages for extreme misconduct.
These laws protect victims of harassment by providing the basis for legal action. An experienced employment attorney can explain how they relate to your case.
What To Do if You've Been Sexually Assaulted at Work
The moments after an assault are frightening and upsetting, but what you do matters. Take the following steps to protect your rights:
- Ensure your safety: Immediately get to a safe place to protect yourself from further assault. Colleagues’ offices and public areas tend to be safer because of the presence of witnesses.
- Seek immediate medical attention: Schedule an exam as soon as possible to document your injuries and collect evidence. Consider agreeing to a rape kit if appropriate.
- Document the incident: As soon as you are safe and medically stable, write down everything you remember about the assault. Save any evidence, such as the clothing you were wearing or messages you received from the alleged perpetrator.
- Report the incident internally: Follow your company’s protocol to report the assault. Depending on the circumstances and company policy, this might involve reporting to HR or other designated individuals.
- Report to law enforcement: Contact the police if the assault constitutes a crime. If you’re not sure, contact them anyway and ask. Even if you choose not to press charges, reporting the crime makes it easier to gather evidence.
- File a formal complaint: You can file a complaint with the EEOC for violations of the Civil Rights Act or the New York State Division of Human Rights for breaches of the NYSHRL.
- Consider legal action: Even if you’re not sure how you want to move forward, it’s always best to consult an experienced workplace sexual assault lawyer in New York. They can help you understand your rights and legal options, such as civil claims or lawsuits.
- Protect yourself from retaliation: Retaliation for reporting assault is illegal. Document and report any retaliatory actions or threats as quickly as possible.
- Seek emotional support: It’s natural to feel distressed and anxious after a sexual assault. Protect your mental health and prioritize healing by working with an experienced therapist or counselor. Support groups for survivors can also be helpful and remind you that you are not alone.
- Take care of your well-being: Having to return regularly to the place where an assault happened can be extremely difficult. Prioritize your mental and physical well-being and ask for what you need. Set clear boundaries with co-workers and talk to HR if you need accommodations.
Legal Options for Victims of Workplace Sexual Assault
All victims of sexual assault deserve justice, and you don’t have to do it alone. In addition to reporting federal violations to the EEOC or state violations to the NYSDHR, it may be possible for you to take legal action. An attorney can help you explore potential options, which include civil lawsuits or criminal charges.
Prosecutors bring criminal charges on behalf of the government against a perpetrator of a crime. They can result in criminal penalties, such as jail time and fines. In this situation, the government has the burden of proof. The court must find the defendant guilty “beyond a reasonable doubt,” meaning the evidence leaves no question that the person committed the crime.
Civil lawsuits are legal disputes between two parties. One party files a complaint against the other, typically seeking monetary damages for the alleged harm. The filing party is responsible for proving their case “by a preponderance of the evidence,” meaning they must show that the defendant is more likely responsible than not.
What Compensation Can You Claim in a Civil Lawsuit?
Legal action allows you to claim financial compensation for the harm done to you. Potential damages include:
- Medical Expenses: Any physical or mental health treatment you sought for assault-related harm
- Lost wages: Compensation for missed work hours or lost earning potential related to the incident
- Emotional distress: Compensation for trauma, anxiety, or other types of psychological harm resulting from the assault
- Punitive damages: An award from a court designed to penalize the defendant for extreme wrongdoing
You don’t need to calculate damages on your own. An experienced attorney can help you value your claim and make a case on your behalf.
Can Your Company Stop You From Filing?
Some assault victims may have entered into non-disclosure agreements, or NDAs, as part of their employment contracts. NDAs prohibit the signer from discussing certain information related to the company or its activities. While an NDA may limit your right to speak out or warn others about certain issues, you can still likely pursue action over illegal conduct.
State and federal laws make it unlawful to enforce NDAs if assault or harassment is involved. An attorney can explain your rights and whether those laws apply to your case.
Another potentially limiting provision in an employment contract is a mandatory arbitration clause, which prevents employees from suing the company. Any disputes must go to an arbitrator or panel of arbitrators, whose decision is often final.
If you have signed an arbitration clause, it may prevent you from filing suit in court, but some states have passed laws limiting or banning forced arbitration in cases involving harassment.
Consult an attorney to understand your rights and options so you don’t unintentionally waive them. That includes any situation in which an employer asks you to sign an NDA or a forced arbitration agreement.
Why Hire Our Skilled NYC Sexual Assault Lawyers?
If you have a sexual assault case in New York, you deserve to have an experienced attorney on your side. The New York employment lawyers at Joseph & Norinsberg have more than 75 years of collective experience protecting the rights of mistreated employees. We have secured millions in awards for harassment and assault victims, including the following notable results:
- $1.3 million in a sexual assault case against a luxury fashion brand
- $750,000 for lost wages, emotional distress, and assault injuries
- $500,000 for sexual harassment in a large biotech company
We are committed to standing up for victims’ rights and are not afraid to take on large corporations. We’re with you every step of the way because we understand how difficult it can be to speak up. We provide legal services in English and Spanish to assist all our clients.
Our skill and empathetic approach have earned the loyalty of many clients over the years. We are especially proud of the reviews they have provided, such as the following:
Don’t suffer in silence another day. We will listen. We will investigate. And if you have a case, we will fight relentlessly on your behalf to get you justice.
Call us at 212-227-5700 or contact us online to schedule your free consultation.
An extensive track record of success has resulted in Jon becoming one of the top civil rights litigators in New York City. A true trial lawyer, he is not intimidated by the intense challenges complex civil rights and constitutional law cases present.
Sexual harassment case against a luxury brand in the fashion industry (confidential).
Secured compensation for several years of lost wages, and emotional distress, and compensation for the physical assault.
Sexual harassment case settled against a large bio-tech company.
