Workplace Sexual Assault: Employer Liability and Your Rights

Sexual assault in the workplace is one of the most devastating violations an employee can experience. Survivors not only face physical and emotional trauma but also the crushing reality that the assault occurred in a place where they should have been safe. Employers have a duty to protect workers from harassment and assault, but too often, they fail—whether by ignoring red flags, failing to supervise, or mishandling reports.

Civil law provides a way for survivors to hold both the individual assailant and the employer accountable. This article explains how workplace sexual assault claims work, when an employer may be legally responsible, and what types of compensation survivors may recover.

At GetCompensation.law, we connect survivors with experienced sexual assault attorneys who know how to fight for accountability and justice.

What Constitutes Workplace Sexual Assault?

Workplace sexual assault can include:

• Physical assault, including unwanted touching, groping, or forced sexual contact
• Assault by a coworker, supervisor, contractor, or even a customer
• Attacks that occur at work events, after-hours functions, or in employer-provided housing or transportation
• Situations where power dynamics (such as supervisor–employee) are abused

Even if the assault happened off-site, it can still qualify as workplace-related if the connection to employment is clear.

When Employers May Be Liable

Employers have a legal duty to provide a safe work environment. Civil lawsuits may hold an employer liable when:

• Negligent hiring or retention: The employer failed to conduct background checks or ignored known histories of misconduct.
• Negligent supervision: Managers overlooked warning signs, inappropriate behavior, or failed to monitor high-risk situations.
• Failure to act on complaints: Prior complaints about the assailant were ignored, mishandled, or covered up.
• Inadequate reporting procedures: The company failed to provide safe, confidential ways for employees to report abuse.
• Hostile work environment: The employer tolerated a culture of harassment, intimidation, or retaliation.

In many cases, survivors are not just harmed by an individual but by the company’s systemic failures. Civil litigation forces accountability at both levels.

Legal Claims That May Apply

Depending on the facts, a lawsuit may include claims such as:

• Sexual assault and battery (against the individual perpetrator)
• Negligent hiring, retention, or supervision (against the employer)
• Failure to provide a safe workplace (Occupational Safety and Health violations in some cases)
• Hostile work environment or Title VII violations (for harassment and retaliation)
• Intentional infliction of emotional distress
• Premises liability, if the assault occurred in unsafe conditions (e.g., dark parking lots, broken locks)

Each state has specific rules, and survivors need attorneys who understand both employment law and personal injury law.

What Damages Can Survivors Recover?

Civil lawsuits can provide meaningful financial recovery, including:

• Medical costs: ER visits, testing, and follow-up care
• Mental health treatment: Therapy, trauma counseling, psychiatric medication
• Lost wages and reduced earning capacity: Time off work, career setbacks, or being forced to leave the job
• Pain and suffering: Emotional distress, humiliation, PTSD, anxiety, and depression
• Punitive damages: In cases of gross negligence or deliberate cover-ups, juries may award damages designed to punish the employer

Compensation is not just about money—it is about restoring independence, paying for treatment, and forcing companies to improve their practices.

Barriers Survivors Face at Work

Sadly, many employees do not report workplace assaults because they fear:

• Retaliation, such as demotion or firing
• Being disbelieved or blamed
• Confidentiality breaches
• Loss of future job opportunities
• Company loyalty pressures

Civil attorneys provide a shield against these risks by handling all communications, demanding evidence preservation, and ensuring retaliation itself becomes part of the claim if it occurs.

Statutes of Limitation in Workplace Assault Cases

Every state has deadlines for filing sexual assault and related claims. Some deadlines for employment retaliation are very short (as little as 180 days to file with the EEOC). Others for civil assault can last several years. Because the rules vary—and recent reforms have extended timelines in many states—survivors should contact an attorney as soon as possible to preserve their rights.

Evidence That Strengthens Your Case

Attorneys know how to gather and protect evidence such as:

• HR complaints, emails, or text messages reporting misconduct
• Security footage, keycard logs, or witness testimony
• Background checks or records of prior complaints about the assailant
• Medical and therapy records linking injuries to the assault
• Employer policies showing lack of prevention or inadequate training

Even if you never reported the assault to HR, you may still have a strong case.

How Trauma-Informed Attorneys Help Survivors

Working with a lawyer is not just about paperwork—it’s about protection and support. A trauma-informed attorney will:

• Handle all communication with the employer, HR, and insurers
• Protect your privacy and pursue pseudonym filings where possible
• Help you secure medical and counseling support as part of your claim
• Fight for both accountability and full compensation
• Work on contingency—meaning no upfront fees and payment only if you win

Frequently Asked Questions

Do I have to quit my job to file a claim?
Not necessarily. Some survivors remain employed while pursuing claims. If you face retaliation, that may strengthen your case.

What if the assault happened at a work event or off-site?
If the event was work-related, the employer may still be liable. Attorneys evaluate all the facts to determine responsibility.

Can I sue both the perpetrator and the employer?
Yes. Civil lawsuits often include both the individual assailant and the employer whose negligence enabled the assault.

How much is my case worth?
The value depends on the severity of harm, lost income, medical needs, and the employer’s responsibility. Attorneys calculate damages to reflect the full impact on your life.

How GetCompensation.law Helps Survivors

At GetCompensation.law, we connect survivors of workplace sexual assault with trusted, highly rated attorneys across the U.S. These lawyers are not afraid to go to war against corporations, insurers, or institutions that failed in their duty to protect.

You’ll receive:

• Confidential consultations with no pressure
• Local legal experts who know your state’s laws and deadlines
• Contingency-based representation—no fees unless your case wins
• Compassionate, trauma-informed support every step of the way

Conclusion

Workplace sexual assault is not just an act of violence—it’s a betrayal of trust in a space where safety should be guaranteed. Civil law provides survivors with a powerful tool to hold both perpetrators and negligent employers accountable. By pursuing compensation, survivors gain access to medical and emotional care, financial security, and justice that can drive real change in workplace safety.

If you or a loved one experienced sexual assault at work, GetCompensation.law can help you take the first step toward justice today.