Workplace sexual assault is a violation of trust that can leave victims feeling fear, shame, anxiety, and isolation. The emotional damage from this trauma can be long-lasting.
Employers have a legal responsibility to maintain a safe, respectful, and inclusive environment for their employees. When they breach that duty, the consequences for the victims persist beyond the mental and physical toll. Many face job loss and disrupted lives.
If you have encountered sexual assault in the workplace, it is essential to protect yourself and hold those responsible accountable.
Table of Contents
- What Are Examples of Workplace Sexual Assault?
- How To Deal with Sexual Assault in the Workplace
- How Does Workplace Sexual Assault Affect Victims?
- What Steps Can You Take To File a Workplace Sexual Assault Lawsuit?
- What Is the Statute of Limitations for Workplace Sexual Assault in New York?
- How Does Sexual Assault Affect a Workplace?
- Contact Joseph & Norinsberg for Your Employment Law Cases
What Are Examples of Workplace Sexual Assault?
Sexual assault in the workplace is about consent. Although it can involve a power imbalance, it does not require the offender to be a manager or supervisor. Anyone in the workplace can commit it—including co-workers, clients, customers, and outside vendors or contractors. Regardless of their position, anyone can be a perpetrator or a victim.
Sexual assault in the workplace is a form of sexual harassment that involves non-consensual physical contact of a sexual nature, such as groping, touching, rape, or attempted rape. In cases of assault, the offender can face serious criminal charges. Sexual assault includes:
- Sexual acts compelled by force, intimidation, manipulation, or threats: Forced kissing, fondling, touching, rape, and attempted rape
- Assault that occurs outside of the workplace: During a function at an off-site event, or during a hangout after work that is not employer-sponsored
- Sexual acts when you are unable to give consent: If the victim is under the influence or scared to say no, or there is a power imbalance
How Does Consent Play Into Sexual Assault?
Consent is more nuanced than it might seem. For example, a victim’s consent is compromised in the following circumstances:
- They are under the influence of drugs or alcohol.
- They fear potential repercussions, whether implied or threatened.
- They are pressured with violence.
- They consent to sexual activity with their supervisor.
In such situations, any surface-level consent obtained would be legally invalid due to coercion, fear, or lack of decision-making capacity.
In Which Occupations Does Workplace Sexual Assault Commonly Occur?
While sexual assault can happen to anyone, regardless of their occupation, it can occur more frequently in particular industries and may be under-reported:
- Hospitality—including food service, hotel workers, and bartenders
- Overnight shift workers
- Agriculture
- Manufacturing
- Health care
- Military
Specific characteristics of these jobs make employees more vulnerable to potential sexual assault. Undocumented immigrants are especially vulnerable, particularly women. Offenders recognize that these victims likely will not report abuse due to their fears of deportation. As a result, industries that frequently employ undocumented immigrants, such as hospitality and agriculture, see higher rates of these crimes.
Hospitality industry workers often work closely together, blurring personal boundaries and normalizing inappropriate behavior. Relying on tips also creates risk due to the fear of losing income, which can create pressure to tolerate misconduct.
Additionally, male-dominated fields tend to have increased sexual assault rates. This can be due to women feeling like “outsiders” in the industry, the normalization of aggressive behavior, and power imbalances between male supervisors and female employees.
Working in isolation, such as during overnight shifts or housekeeping, also can create situations where sexual assault occurs due to a lack of potential witnesses, which may embolden perpetrators.
How To Deal with Sexual Assault in the Workplace
Your first step after a workplace sexual assault should be to attend to your physical and mental health. Seek medical care and consider working with a therapist to process the trauma.
If possible, review your company handbook for the procedures on reporting sexual harassment. Then use those procedures to file a formal report.
You also may want to file a police report to pursue criminal charges. While involving law enforcement isn’t necessary to formalize your complaint with your employer, doing so can bolster your complaint, document your assault, and preserve evidence.
Your manager or your employer’s human resources team is responsible for assessing your claim quickly and fairly with an outcome that is amenable to you. Remember, they have a duty to provide a safe work environment for all employees.
When To Escalate Your Complaint
If your employer is unwilling or unable to address your report, then your best way to obtain justice may be to pursue a workplace sexual assault claim. Collecting evidence is critical to building your case for your claim. Evidence may include a police report, photographs of visible injuries, phone records, medical records, and employer policies.
How Does Workplace Sexual Assault Affect Victims?
Experiencing a sexual assault can have devastating effects. Many people immediately experience shame or guilt, believing that something they did or said caused their assault. However, it’s important to remember that you are never to blame for your assault.
Injuries and other consequences are possible, including the following:
- Unwanted pregnancy
- Sexually transmitted infections
- Physical injuries due to force
Even after physical recovery, mental health issues can persist. While no two recoveries are the same, many victims also experience post-traumatic stress disorder, depression, self-harm, anxiety, or dissociation.
You might find it challenging to seek professional help when the last thing you want to do is recount or relive your trauma. However, it’s essential to move forward toward healing and receive the care you deserve.
What Steps Can You Take To File a Workplace Sexual Assault Lawsuit?
Visiting the emergency room right after the incident is an important first step toward self-care. A medical professional will assess your injuries and provide treatment. If necessary, they may offer you a rape kit. This will collect physical evidence and also screen for injuries or infections.
If you’re able, continuing care with your primary care physician can help address any lingering issues. For your mental health, working with a therapist who is well-versed in trauma or PTSD can be essential to regaining your inner peace.
After you have sought medical care, review your employee handbook to prepare your report to your manager or HR. Document every detail after every conversation—who you spoke to, what was said, and the date and time.
Review the evidence you have on hand and look for additional pieces, including all written communications and a list of the sequence of events as you remember them. Collect and organize all that you have.
If internal channels don’t respond appropriately to your claim by ignoring, mishandling, or minimizing it, your next step may be to consult with a workplace sexual assault attorney. A lawyer can help you by:
- Assessing your evidence
- Explaining your rights and options
- Guiding you through the legal process
- Filing claims on your behalf—against both the employer and the assailant
- Advocating for your interests throughout your claim
- Litigating your case in court
Further, a workplace sexual assault attorney can provide you with the support you need during a traumatic time.
While pursuing justice is essential, your health should always come first. Remember, you deserve the care and healing that trauma-informed therapy and medical care can provide.
What Is the Statute of Limitations for Workplace Sexual Assault in New York?
If you are considering legal action for workplace sexual assault in New York State, there are two avenues for you to pursue: state or federal claims.
On the state level, the New York State Human Rights Law, or NYSHRL, prohibits sexual harassment and discrimination and applies to most employers in the state. You can file a claim for a violation of the NYSHRL with the New York State Division of Human Rights, or you can file a lawsuit. The statute of limitations for filing a claim under New York Law is three years from the incident date.
Protections on the federal level include Title VII of the Civil Rights Act of 1964, which makes it unlawful to sexually harass or assault another person at work or in a workplace context.
The Equal Employment Opportunity Commission, or EEOC, enforces federal workplace discrimination laws and investigates and adjudicates workplace sexual harassment and assault complaints. For federal law claims, you must first file a complaint with the EEOC and receive a “right-to-sue” letter before filing a lawsuit.
You have 180 days following a discriminatory incident to file a claim with the EEOC, though the deadline extends to 300 days if you dual-file your charge with a state or local agency.
How Does Sexual Assault Affect a Workplace?
Sexual assault in the workplace harms everyone—the individual, the team, and the entire organization. Its effects ripple through the company, destabilizing performance and impacting businesses in the following ways:
- High turnover: When employers mishandle sexual harassment, employees lose trust, driving valuable staff to seek greener pastures.
- Legal and financial costs: Sexual assault claims can prompt costly lawsuits and reputational damage.
- Erosion of workplace culture: Minimizing or ignoring misconduct creates a hostile work environment.
Effectively handling sexual assault in the workplace is not only a legal and ethical responsibility—it’s critical for preserving employee well-being and organizational integrity.
Contact Joseph & Norinsberg for Your Employment Law Cases
Knowing how to handle sexual assault in the workplace can be overwhelming. However, you don’t have to do it alone. The attorneys at our firm have 100 years of combined experience and are passionate about representing the underdog.
We fiercely advocate for those wronged at work through tireless preparation, not theatrics—and we get results. We’ve recovered over $200 million for employment law cases.
If your employer fails to protect you, we’re here to help you pursue accountability and compensation. Contact us online or call 212-227-5700 today for a free consultation.
