- 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. Being assaulted on the job can create a conflict between your own mental health and your financial stability, forcing you to relive your trauma just to continue making a living.
The trusted NYC workplace sexual assault lawyers at Joseph & Norinsberg are committed to supporting victims across Brooklyn, Queens, and Manhattan. If you are among the millions of people who have experienced sexual assault or harassment at work, you deserve compassionate support and an advocate who will fight tirelessly to get you justice.
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 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. 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 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 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 Laws Protect Employees From 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 complaints of workplace sexual harassment and assault.
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 allows harassment victims to sue for damages, including punitive damages for extreme misconduct.
These laws protect victims of harassment by providing the basis for legal action. It is important to stay updated with sexual assault laws, as filing a claim before the statute of limitations is crucial to having a successful case. An experienced employment attorney can explain how the laws 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 prevent further abuse. 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 undergoing a medical sexual assault forensic exam if appropriate.
- Document the incident: As soon as you are safe and have received medical attention, 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 for reporting misconduct. 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 incident involves criminal misconduct. If you’re unsure, contact the authorities anyway. Even if you choose not to pursue charges, reporting the assault documents the incident and provides a valuable paper trail.
- 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: Consult an experienced workplace sexual assault lawyer in New York to learn your rights and legal options. You may be entitled to file a civil lawsuit and pursue compensation for the harm.
- Protect yourself from retaliation: Retaliation for reporting an 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. Prioritize your mental health by seeking help from an experienced therapist or counselor. Support groups for survivors can also be helpful, reminding you that you are not alone.
- Take care of your well-being: Returning to the place where an assault happened can be extremely difficult. When going back to work, talk to HR if you need accommodations and set clear boundaries with co-workers.
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 assault and enforcing worker protection laws, including the 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 Lawsuit
You may be eligible to file a civil lawsuit against your employer over a workplace sexual assault. To pursue claims under federal law, you must first go through the EEOC before filing a lawsuit. However, to pursue claims under New York law, you can either pursue a complaint through state or local agencies or directly file suit in a state court.
An experienced workplace sexual assault lawyer can review your case, explain your legal options, develop a sound legal strategy, and walk you through your next steps.
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 an Employer Prevent You From Filing a Workplace Sexual Assault Claim?
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 still have the right to pursue legal 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. In such cases, disputes must be submitted to an arbitrator or a 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 unafraid to take on even the largest 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 866-725-1405 or contact us online for a free consultation.
Frequently Asked Questions About Workplace Sexual Assault in New York
Can I Still Have a Case if I Didn’t 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 “agreement” 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
If you’ve experienced sexual assault in the workplace, don’t suffer in silence for another day. The trusted NYC workplace sexual assault attorneys at Joseph & Norinsberg are ready to help you take action and hold your employer accountable for what you’ve gone through.
Contact us online or call 212-227-5700 today for a free consultation.
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. 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.