- Any non-consensual sexual contact can be considered workplace sexual assault.
- Workplace sexual assault is considered illegal harassment under worker protection laws and can be pursued as a criminal offense by law enforcement.
- Supervisors, co-workers, and customers can all commit workplace sexual assault, and unwanted physical contact at work-related events outside of the workplace still qualifies.
- Joseph & Norinsberg has over 100 years of combined experience fighting to protect the rights of workers in New York City, including victims of workplace sexual assault.
Sexual assault is a horrific crime wherever it occurs, leaving victims with potentially lifelong trauma. Unfortunately, sexual assault in the workplace is more common than many might expect. If you’ve experienced it, you can talk with a workplace sexual assault lawyer in New York City for free today.
The trusted New York City employment lawyers at Joseph & Norinsberg have been supporting victims across Brooklyn, Queens, and Manhattan since 2014. If you have experienced sexual assault or harassment at work, you deserve compassionate support and an advocate who will fight tirelessly for you.
Why Trust Joseph & Norinsberg for Your Workplace Sexual Assault Claim in New York City?
Coming forward after workplace sexual assault can be difficult. You deserve to be heard and treated with respect. Joseph & Norinsberg stands up for employees who have experienced sexual misconduct and helps them pursue accountability.
Our team of workplace sexual assault lawyers in New York City brings experience, determination, and personal attention to every case. Here’s why clients turn to our trusted sexual assault and harassment lawyers:
- Over a quarter of a billion dollars recovered: We have secured substantial results for clients seeking justice for workplace sexual harassment and assault.
- 100 years of collective experience: Our sexual harassment and assault lawyers draw on decades of combined legal experience to handle employment disputes and Title VII violations.
- Founded in 2014: Our firm has been committed to protecting employees and holding employers accountable for creating or allowing a hostile work environment for over a decade.
- Trial–tested and unafraid: We prepare cases thoroughly and are ready to challenge employers when they refuse to take responsibility.
- Compassionate representation: We understand the personal impact of workplace sexual assault. Our team treats clients with dignity and care while helping them understand their legal options under federal and state laws.
What Qualifies as Workplace Sexual Assault?
Workplace sexual assault involves any non-consensual physical contact of a sexual nature connected to your employment. The type of misconduct ranges from unwanted touching and groping to attempted rape and rape.
Workplace anti-discrimination laws protect against sexual assault as a form of illegal workplace sexual harassment, but sexual assault is usually much more serious and can be a criminal offense.
Sexual Assault By Authority Figures
Imbalanced power dynamics in workplaces often place workers at risk of sexual assault. Supervisors may abuse their control over a worker’s employment status, using the fear of retaliation to coerce them into unwanted sexual contact.
Quid pro quo sexual harassment may occur when employment benefits are tied to submitting to unwanted sexual conduct.
While a victim might not have physically resisted coerced sexual behavior, that does not mean they consented to it.
Sexual Assault By Co-workers
Repeated workplace sexual harassment by a co-worker can cross the line into sexual assault if it persists and escalates despite complaints. A colleague may also use a positive relationship with a shared supervisor to pressure the victim to keep quiet about assault or workplace harassment.
Non-consensual touching by a co-worker is considered workplace sexual assault in any work-related setting, including work events or gatherings held away from the typical work environment.
Sexual Assault By Customers
Service workers and others who must often interact with the public face a risk of unwanted sexual conduct by customers. Some employers may pressure workers not to confront customers about sexual assault or report it, placing profits over the health and safety of their employees.
What to Do if You've Been Sexually Assaulted at Work
Unfortunately, workplace sexual assault can happen in any New York City workplace. Sexual assault at work can leave you feeling unsafe, overwhelmed, and unsure of what to do next. You have the right to a safe work environment.
If you experience sexual harassment, assault, unwanted sexual advances, or other misconduct, taking a few steps can help protect your safety and preserve evidence for a potential claim:
- Get somewhere safe: Leave the situation if you can. Talk to someone you trust and ask for support. This matters even more if the person has power over your job or keeps making unwanted sexual advances.
- Keep a record of what happened: Write down the details as soon as you can. Include dates, locations, and names of anyone who saw what happened. Save texts, emails, and any messages containing sexual comments. These records may help support your claim later.
- Report the incident when you feel safe doing so: You can report what happened to HR or a supervisor you trust. Keep track of who you spoke with and when. Save copies of your complaint and any responses you receive.
- Understand your workplace rights: In New York State, laws protect employees against certain forms of workplace sexual misconduct.
- Seek legal advice from our employment law team: A sexual assault lawyer can explain your options, help you understand applicable deadlines, and assess whether you may have grounds for a legal claim. You do not have to face the process alone; Joseph & Norinsberg is here to stand with you.
- Protect your well–being and future: Reach out to trusted people or a qualified support professional if you need help coping with the experience. You deserve to feel safe in your work environment, and you should not have to tolerate sexual harassment or assault to keep your job.
Legal Options for Victims of Workplace Sexual Assault
All victims of sexual assault deserve justice, and you don’t have to do it alone. You may have multiple options for holding your employer accountable for workplace sexual assault in New York City:
Pursuing a Criminal Investigation
Sexual assault is a serious crime. If you’ve been assaulted in the workplace, you can file a police report. A report will likely spur a criminal investigation that may result in criminal charges against the assailant.
If you don’t want to get law enforcement involved, you can file an official report with your company’s human resources department and pursue other options.
Filing an Official Complaint
Multiple government agencies are tasked with investigating complaints of workplace sexual harassment or assault and enforcing worker protection laws, including the Equal Employment Opportunity Commission (EEOC), New York State Division of Human Rights, and NYC Commission on Human Rights.
If you make a formal complaint to one of these agencies, they will investigate your case and attempt to resolve the matter.
Filing a Civil Sexual Harassment or Assault Lawsuit
You may be eligible to file a civil lawsuit against your employer over a workplace sexual assault. To pursue a claim under federal law, you must first file a charge with the EEOC and receive a Notice of Right to Sue before filing a lawsuit.
However, to pursue claims under New York law, you can either file a complaint through state or local agencies or directly file suit in a state court.
An experienced workplace sexual assault lawyer in New York City can review your case, explain your legal options, develop a sound legal strategy, and walk you through your next steps after sexual harassment or assault.
Why Hire Our Skilled NYC Sexual Assault Lawyers?
Whether you are a full-time employee or an independent contractor, if you have a sexual harassment or assault case in New York, you deserve to have an experienced attorney on your side.
The team at Joseph & Norinsberg has more than 100 years of collective experience protecting the rights of mistreated employees.
Our case results include the following:
- $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 at a large biotech company
Our employment law team is committed to standing up for victims’ rights and is unafraid to take on even the largest corporations.
We’re with you every step of the way after sexual harassment or assault because we understand how difficult it can be to speak up. We provide legal services in English and Spanish to assist all our clients.
Frequently Asked Questions About Workplace Sexual Assault in New York
Can I Still Have a Case if I Didnโt Physically Resist?
Yes. Lack of resistance does not equal consent. Consent must be voluntary and free from pressure, fear, or coercion. If you felt intimidated, threatened, or afraid of losing your job, any apparent โagreementโ may not be legally valid under New York law.
Can My Employer Retaliate Against Me for Reporting Sexual Assault?
No. Retaliation is illegal under federal, state, and New York City laws. Your employer cannot fire you, demote you, reduce your hours, or otherwise punish you for reporting sexual assault or participating in an investigation. If retaliation occurs, you may have an additional legal claim.
Do I Have to Choose Between Filing Criminal Charges and a Civil Lawsuit?
No. Criminal charges and civil lawsuits are separate processes. Prosecutors may pursue criminal penalties against the perpetrator, while you can file a civil claim seeking financial compensation for medical expenses, lost wages, emotional distress, and potentially punitive damages. You may pursue one or both options depending on your circumstances.
Can a Non-Disclosure Agreement or Arbitration Clause Stop Me From Filing a Claim?
In most cases, no. Federal and New York laws limit the enforceability of NDAs and mandatory arbitration clauses in sexual harassment and assault cases. Even if you signed an employment agreement, you may still have the right to take legal action. An attorney can review your contract and explain your options.
Contact Our Workplace Sexual Assault Attorneys Today for a Free Consultation
If you’ve experienced sexual assault or sexual harassment in a hostile work environment, don’t suffer in silence for another day. The compassionate workplace sexual assault lawyers in New York City at Joseph & Norinsberg are ready to help you take action and hold your employer accountable.
Jon Norinsberg is one of New York City’s leading civil rights and trial attorneys, with decades of experience litigating high-stakes constitutional and employment disputes. Call today for a free and confidential consultation.
Jon Norinsberg is one of New York Cityโs leading civil rights and trial attorneys, with decades of experience litigating high-stakes constitutional and employment disputes. Jon is known as a fearless, battle-tested trial lawyer who takes on powerful corporations, government entities, and public institutions in cases involving civil rights violations, police misconduct, discrimination, retaliation, and wrongful conduct.
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Sexual harassment and retaliation case involving coercion, workplace retaliation, and loss of compensation at a professional practice.
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.