Can I Hold My Employer Responsible for a Sexual Assault at Work?
Yes. When sexual assault occurs in the workplace, the employer may be held liable alongside the individual perpetrator under several legal theories. Employer liability does not require proving that the employer committed or sanctioned the assault — rather, it requires showing that the employer's negligence created the conditions that allowed the assault to occur, or that the employer failed to respond appropriately after learning of the risk.
What Legal Theories Support Employer Liability?
Multiple legal frameworks can establish employer responsibility: Respondeat superior — employers can be liable for the acts of employees committed within the scope of employment. While sexual assault is rarely 'within the scope' of someone's job duties, courts have found employer liability when the employment provided the opportunity and means for the assault. Negligent hiring — the employer failed to conduct adequate background checks that would have revealed the perpetrator's history of violence or sexual misconduct. Negligent retention — the employer kept the perpetrator in a position of authority or access despite knowing about prior complaints, behavioral red flags, or credible allegations. Negligent supervision — the employer failed to implement adequate safeguards, monitoring, or training to prevent foreseeable harm. Hostile work environment (Title VII) — when the assault is part of a pattern of sex-based harassment, Title VII of the Civil Rights Act of 1964 provides federal relief against employers with 15 or more employees.
What Is the Ending Forced Arbitration Act and How Does It Help?
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), signed into law in March 2022, is a landmark federal law that invalidates pre-dispute arbitration agreements and class-action waivers for sexual assault and sexual harassment claims. Before this law, many employees were forced to resolve sexual assault claims in private arbitration proceedings — typically confidential, with limited discovery, no jury, and outcomes that tended to favor employers. Now, survivors have the right to choose whether to pursue their claims in court or through arbitration, regardless of what their employment agreement says.
What About Non-Disclosure Agreements?
Several states have enacted laws restricting the use of non-disclosure agreements (NDAs) in sexual assault settlements. California's SB 331 (Silenced No More Act, 2022) prohibits settlement agreements from including provisions that prevent disclosure of the facts of workplace sexual assault, harassment, or discrimination claims. New York prohibits NDAs in sexual harassment settlements unless the complainant prefers confidentiality. Washington, Illinois, Oregon, and other states have enacted similar restrictions. These laws reflect a policy shift toward transparency and accountability: the recognition that secret settlements can allow serial predators to continue offending at new workplaces.
What If My Employer Retaliates Against Me for Reporting?
Federal and state laws provide robust protections against employer retaliation. Title VII prohibits retaliation against employees who report sexual harassment or participate in investigations. State whistleblower statutes provide additional protections. If your employer fires you, demotes you, reduces your hours, reassigns you to undesirable work, or creates a hostile environment in response to your report of sexual assault, the retaliatory conduct itself may give rise to additional legal claims — potentially increasing the total compensation available in your case.
What Damages Can I Recover in a Workplace Sexual Assault Lawsuit?
A workplace sexual assault civil claim may seek compensation for: Medical and therapy costs — past and future treatment for physical injuries, PTSD, anxiety, depression, and other psychological harm. Lost wages and benefits — including future earning capacity if the assault or employer retaliation disrupted your career. Pain and suffering — the physical and emotional toll of the assault. Punitive damages — in cases involving egregious employer misconduct (such as knowingly retaining a predator), punitive damages may be available to punish the employer and deter similar conduct. Each case is unique, and an attorney can help evaluate the potential scope of recovery based on your specific circumstances.
How Do I Start a Workplace Sexual Assault Claim?
You have options — and they are not mutually exclusive. You may file an EEOC charge (required before filing a Title VII lawsuit — must be filed within 180-300 days of the conduct). You may file a state tort lawsuit for assault, battery, IIED, and negligence claims. You may file a workers' compensation claim (which does not bar tort claims against the employer in most states for intentional acts like sexual assault). You may also report to law enforcement (this is your choice — a police report is not required for a civil claim). Bond Legal handles workplace sexual assault claims on a contingency fee basis — you pay no fees unless we recover compensation for you. Call (866) 423-7724 for a free, confidential consultation.
