No one should have to endure sexual harassment or sexual assault at work. Yet, these violations remain alarmingly common across various industries, affecting employees at all levels. Such behavior contributes to unsafe, hostile, and demeaning environments.
Both sexual harassment and sexual assault involve serious misconduct and are covered by workplace anti-discrimination laws. Sexual harassment is a broader offense, covering both physical and non-physical misconduct, while sexual assault is a distinct form of misconduct that applies to certain physical conduct. These differences can lead to different consequences under federal and New York state laws.
If you or someone you know has experienced workplace sexual misconduct, you’re not alone—legal options are available to help you seek justice and hold offenders accountable.
What Is the Difference Between Sexual Harassment and Sexual Assault?
Sexual misconduct is a blanket term that can include both sexual harassment and sexual assault, as well as other inappropriate or unethical sexual behavior. Sexual harassment, which can include sexual assault, is a form of misconduct and unlawful discrimination under federal law. These behaviors vary in type and severity:
- Sexual harassment: This is unwelcome conduct of a sexual nature that affects employment conditions or creates a hostile work environment. It can include verbal, non-verbal, and physical behaviors.
- Sexual assault: This is a specific and severe form of sexual misconduct that involves any non-consensual physical conduct of a sexual nature, including unwanted touching, groping, or coerced sexual acts.
The key distinction between the different forms of sexual harassment lies in the nature and severity of the conduct. While sexual assault involves direct, non-consensual physical interactions, sexual harassment can take non-physical forms, such as verbal or digital misconduct.
It’s important to understand that sexual assault is a form of sexual harassment, not separate from it. Both are covered under federal anti-discrimination laws, including those enforced by the Equal Employment Opportunity Commission.
In all cases, consent is a crucial factor. Any sexual contact without explicit, voluntary agreement is unlawful, a violation of the victim’s rights, and legally actionable. In the workplace, consent confirms that all interactions remain respectful and professional to maintain a safe and supportive environment for all employees. Without it, such behavior undermines the victim’s dignity and autonomy, often leading to emotional, psychological, and professional harm.
What Are Examples of Sexual Harassment?
- Verbal harassment: Repeated sexual jokes, comments about a person’s body, unwanted flirtation, or sexually explicit remarks
- Non-verbal harassment: Inappropriate gestures, suggestive looks, or displaying sexually explicit materials
- Physical harassment: Unwanted touching, brushing up against someone, or blocking someone’s movement
- Digital harassment: Sending unsolicited sexual messages, images, or videos via email, text, or workplace communication platforms
- Quid pro quo harassment: When a supervisor or co-worker conditions employment benefits, promotions, or job security on sexual favors
What Are Examples of Sexual Assault?
Sexual assault involves direct physical contact done without the victim’s explicit consent and is considered a criminal offense. Examples of sexual assault in the workplace include:
- Unwanted groping or touching: Any non-consensual physical contact, including grabbing, fondling, or brushing against someone in a sexual manner
- Coerced sexual acts: Pressuring or forcing someone to engage in sexual acts against their will
- Attempted or completed rape: Any non-consensual sexual penetration
- Threatening physical harm for sexual compliance: Using intimidation or physical force to engage in sexual acts
Sexual assault is unlawful and, because it involves physical violations, is often handled as a criminal matter under New York Penal Law. It is also recognized as a form of sexual harassment under federal anti-discrimination laws, meaning victims can file complaints with the Equal Employment Opportunity Commission or state agencies.
What Can You Do if You’ve Experienced Sexual Harassment or Abuse in the Workplace?
You’re entitled to a workplace free of harassment or abuse. If you’ve experienced such behavior, taking the following steps can help you protect your rights and seek justice:
- Recognize the behavior: Any unwelcome sexual behavior at work, whether verbal, physical, or digital, is unacceptable. Recognizing misconduct is the first step toward taking action.
- Document every incident: Keep a detailed record of what happens, including dates, times, locations, involved individuals, and any witnesses. Get contact information for any witnesses. Your record can help establish a pattern of behavior and make it easier to prove harassment at work.
- Preserve evidence: Save any emails, messages, or other materials that might support your claim. Evidence is integral to proving misconduct, especially when there are no direct witnesses.
- Report the misconduct: Follow your employer’s internal procedures for reporting abuse to your HR department, a supervisor, or a designated workplace official. In doing so, you create an official record of the behavior and force your employer to address the problem. If your employer fails to take action, you can also report it to the Equal Employment Opportunity Commission, as both sexual harassment and sexual assault fall under federal anti-discrimination protections.
- Seek legal guidance: Contact an experienced employment lawyer to learn your rights and legal options. They can investigate, build a case, guide you through the legal process, protect you from retaliation, advocate for your best interests, and fight for compensation for your losses.
Which Pieces of Evidence Are Useful for Proving Sexual Abuse?
If you plan to take legal action against the offender, gather evidence to build the strongest case. Potential forms of evidence include the following:
- Written correspondence: Emails, text messages, and chat logs on company communication platforms showing inappropriate behavior or harassment can serve as direct proof of misconduct. Preserve these communications as soon as possible to ensure they’re not deleted or altered.
- Eyewitness testimonies: Statements from your coworkers or colleagues who witnessed the misconduct can corroborate your claims and establish a pattern of behavior. If possible, ask witnesses to write down their accounts immediately after they saw it or provide a formal statement to HR or legal authorities.
- Workplace complaints: If you filed formal complaints with your company’s HR or other workplace authorities, those can help prove your case by establishing a clear record of misconduct and demonstrating that you notified your employer of the issue. Keep a copy of your complaint and any responses, as they create a formal record of the situation.
- Medical records: If you suffered physical injuries or emotional distress as a result of harassment or assault, your medical records documenting the care you received can back your claims. Keep detailed records of any visits to health care providers or therapists.
- Audio or video evidence: If legally obtained, recordings of interactions may support your claims. For example, if your workplace has security cameras, they may have captured the incident or key interactions. However, the legality of recording varies by jurisdiction, so consult an attorney before personally recording interactions.
Contact Joseph & Norinsberg for Your Employment Law Cases
Dealing with sexual harassment and assault in the workplace is never easy, but you shouldn’t have to. At Joseph & Norinsberg, we are committed to supporting employees who have been mistreated, harassed, or assaulted. Our firm believes in the power of thorough preparation and relentless dedication, not courtroom theatrics, to win cases and secure justice.
If you or someone you know has experienced sexual misconduct at work, we’re here to fight for your rights. With extensive experience in both federal and New York state employment law, we can help you hold perpetrators accountable. Contact us online or call 212-227-5700 today for a free consultation.
