Available 24/7 (855) 906-3699 Hablamos Español

Workplace Sexual Assault & Harassment Lawyers in California

Serving Los Angeles and The Rest Of California

All individuals, regardless of their gender, sexuality, age, body type, or fertility, deserve to feel safe at all times. Nowhere is this more true than in the workplace or in public spaces where people of all walks of life may exist in the same space. Unfortunately, many people experience hateful, mocking comments, gestures, and implications from others who deem they are weaker or should have a certain role.

Your worth is not based on the cruel words or actions of others. If you’ve been the target of workplace sexual assault, sexual harassment or problematic comments at work or in a place of business, contact us today to schedule a free consultation with a compassionate California workplace sexual assault lawyer. We can help hold bad actors accountable.

What is Workplace Sexual Harassment?

Sexual harassment is an umbrella term used to describe hostile, mocking, or hurtful words, comments, gestures, or actions that target individuals of a certain gender identity, age, sexuality, body type, or fertility status. Oftentimes, victims fall into one or more of the following groups:

  • Women or feminine-presenting people
  • LGBTQIA+
  • Pregnant people
  • Middle-aged or older people

Although sexual harassment claims have been used historically to protect women in the workplace, it’s important to note that anyone can be a victim of workplace sexual harassment, even cisgendered, straight men.

If your employer is not helping you through a sexual harassment issue at your workplace, you have other options. Let our sexual harassment attorneys show your abuser you mean business.

What Qualifies as Workplace Sexual Assault in California?

In many regards, California has a wider definition of sexual assault than many other states. This is so victims of predatory behavior can have the means to demand compensation from their abusers. In California, the definition of workplace sexual assault is nonconsensual touching of a victim’s intimate parts, such as sexual organs, breasts, buttocks, or anus, for sexual gratification or arousal purposes. In the workplace, sexual assault may include the following behavior:

  • Rape
  • Groping above or beneath clothing
  • Brushing of intimate parts
  • Ejaculation on or near a victim
  • Coerced sexual relationships or quid pro quo interactions

If you are a victim of sexual assault in the workplace, let BD&J support you as you bring the responsible party to justice.

How Often Does Workplace Sexual Assault Happen in California?

In California, workplace sexual assault encompasses engaging in sexual activities without consent, or when the victim is unable to consent, or when the victim is coerced into engaging in the behavior. This may occur if the victim is physically forced, threatened, or is unconscious or intoxicated. The psychological effects of workplace sexual assault can have a lasting impact on survivors as well as cause injuries and challenging conditions like post-traumatic stress disorder (PTSD). Victims of sexual assault and harassment may require extensive physical, mental, and emotional treatment to overcome the injuries and conditions that result from sexual assault.

A National Study on Sexual Harassment and Assault in 2019 shows that significantly more women (23%) reported experiencing sexual assault than men (9%). While these results can be skewed due to expectations of masculinity, poor awareness of what constitutes sexual assault, and other factors, the numbers paint a concerning picture of the rate at which feminine-presenting people are victimized in the workplace. The study did not account for the gender identity of sexual assault victims. Androgynous, transgender, nonbinary, gender-fluid, or otherwise queer individuals are still at a disproportionately higher risk of being sexually assaulted in their lifetimes.

A study from the National Institute of Health (NIH) in 2019 found that workplace-related sexual violence, including forms of harassment and assault, were reported by 5.6% of women and 2.5% of men in the U.S. Despite underreporting, the impacts of sexual violence are highly prevalent in the workplace. One in seven women and one in seventeen men have sought a new job assignment, changed jobs, or quit a job because of sexual harassment and assault.

What Kind of Compensation Can Victims of Sexual Harassment and Assault Receive?

When you choose to bring a workplace sexual assault lawsuit alongside an attorney, you could demand a wide variety of damages. Usually, experienced sexual assault lawyers can successfully recover compensation for:

  • Medical bills
  • Mental anguish
  • Trauma
  • Therapy bills
  • Punitive damages
  • Lost income due to harassment, such as calling out of work to avoid the abuser

While the perpetrator of the sexual assault is the obvious party at fault, some workplace sexual assault cases may find that the assault or harassment was covered up or was poorly handled by the Human Resources department or the company as a whole. As a result, workplace sexual assault lawyers may push for compensation from both the perpetrator and the workplace.

How Do You Prove a Sexual Assault Lawsuit in California?

Sexual harassment is usually taken very seriously in the workplace. As such, there is often significant amounts of documentation available if the harassment is reported. However, many victims of sexual harassment or assault do not report. Regardless of whether you have chosen to report your harassment, documentation is everything when it comes to proving the sexual harassment or assault negatively impacted your life.

Victims should keep text messages, emails, and even a journal detailing each instance of sexual harassment or assault and how it made them feel and any injuries that resulted. Mentioning the harassment or assault in therapy can also help build documentation against your abuser. A workplace sexual assault lawyer can also help you build a case based on your unique circumstances.

Police reports and medical records of your assault can also help your workplace sexual assault lawyer build a solid case against the perpetrator and any parties that enabled them.

Why Don’t Assault Victims Report?

Sexual assault is a much more pervasive problem than many realize, especially in the workplace. In fact, some estimates state that 75% or more of assault victims don’t report the violence to their HR or police. Typically, this is due to fear or distrust, but victims, as individuals, have several reasons they may avoid reporting their sexual assault at work. These include:

  • Cultural and Social Barriers: If the attacker was a survivor’s boss, speaks the language of the majority, is a citizen, or is wealthier, the victim may feel pressure to keep quiet out of fear of losing their status. In fact, many attackers leverage these barriers as a way to protect themselves, threatening victims with consequences if they report.
  • Shame or Stigma: Victims often feel ashamed and, in some way, responsible for their assault and expect others to blame them, judge them, or treat them differently. No one wants to be classified as a “troublemaker” at work.
  • Distrust of HR or Employer: Although HR departments are designed with protocols for sexual harassment or assault in mind, some survivors may not trust that their HR department or employer can or will do anything to protect the victim.
  • Fear of Retaliation: Although it is illegal for employers to retaliate against someone that has reported a sexual assault, many victims fear losing their job or a loss of professional standing or opportunity as a result of reporting.
  • Lack of Awareness: Reporting a sexual assault can feel like a vulnerable, exposing task. But many may not realize they can report with confidentiality and have legal protection against retaliation.

Fortunately, the compassionate workplace sexual assault lawyers at BD&J respect your decision to disclose your assault and will do everything in their power to protect your privacy, maintain confidentiality, and empower you to find closure and regain control by fighting for justice and maximum compensation.

Can I Be Retaliated Against for Bringing a Sexual Assault Lawsuit?

Legally, you cannot be retaliated against for reporting sexual assault or bringing a lawsuit. Your employer cannot fire you or take unnecessary disciplinary steps as a result of your report. If they do retaliate, contact the California team of workplace sexual assault attorneys at BD&J immediately and report the employer’s actions to the California Civil Rights Department (CRD).

If you’re worried that you will face retaliation for your claims, you aren’t alone. BD&J’s workplace sexual assault lawyers will ensure your information is kept as confidential as possible throughout your case.

Do I Have to Reveal My Name in a Case?

No! Due to the sensitive nature of sexual assault claims in the workplace, BD&J sexual assault lawyers keep your identity as confidential as possible to avoid harassment, retalitation, and other negative impacts.

Our lawyers will identify you by an alias in legal filings whenever possible and will attempt to restrict public access to your case as much as possible. If a member of the media reaches out to request comment, your sexual assault lawyer will help you craft a response, if necessary, or will decline to comment on your behalf to maintain your peace during such as stressful time.

When your case is resolved, your attorneys will include a confidentiality clause to keep the legal proceedings as private as possible. Reporting an assault is difficult enough. Let the California workplace sexual assault lawyers help you maintain your privacy and reputation at work.

How Do California Workplace Sexual Assault Law Firms Help?

If you are a survivor of a sexual assault in the workplace, you have legal rights and options to pursue compensation and even criminal charges. The choice is yours whether you wish to seek a civil claim, file criminal charges, or report to Human Resources at your workplace. At BD&J, we empower our clients to report only to the extent that they feel comfortable.

That said, when you’re ready, contact a workplace sexual assault lawyer in California to understand your legal options and rights and how much you could be entitled to recover financially. Though it’s impossible to put a price on your trauma, a compassionate and devoted attorney at BD&J can help you take control of your life back and minimize the financial burdens associated with your assault.

When you are ready to file a sexual assault claim, your lawyer will investigate the assault, compile evidence, and submit the claim to the court on your behalf. They will also communicate with the Defense for you so you don’t need to face your attacker more than necessary, BD&J can help identify the extent of the financial damages associated with the assault such as medical bills, therapy costs, lost wages, and even punitive damages. With evidence in hand, your workplace sexual assault lawyer will negotiate aggressively with the Defense. If they provide a settlement offer you are comfortable with, your lawyer will begin resolving your case. If the Defense denies your claims or refuses to negotiate in good faith, BD&J will take them to court by filing an official lawsuit. We empower you to choose how your case goes.

Frequently Asked Questions

Where can sexual assault occur?

Sexual harassment and assault can happen anywhere, but most often occurs in the workplace or in places of business. Many people encounter instances of harassment or assault while out in public on the street, as well. Regardless of where it occurs, you could have legal options.

What is quid pro quo?

Quid pro quo is a Latin phrase meaning “this for that.” It is used to describe interactions in which a party exchanges something for something else. In sexual assault and harassment situations, it implies a party – usually a person in a higher ranking position of power – demands sexual favors in exchange for a promotion, a raise, or simply keeping the victim’s job or status. Quid pro quo is one of the most insidious ways predators can manipulate victims in the workplace. Not only can they get what they want from the victim without a fight, they can also pretend the sexual relationship was consensual. In truth, anytime there is a power imbalance in a sexual relationship, especially in the workplace, the victim cannot consent freely. This is classified as sexual coercion or manipulation.

What if it escalates to sexual assault?

If sexual harassment escalates to sexual assault, you should act quickly to protect your rights and document the assault so your attacker cannot get away with it. Take photos and videos of any injury you experienced and seek medical attention as soon as possible. A rape kit may be taken in a hospital setting. You can report the assault to the police if you feel comfortable. No matter which action you choose to take after a sexual assault, an attorney can help you cover your legal bases.

What Happens During a Sexual Assault Lawsuit?

If your case is taken to court, you will always have a sexual assault lawyer at your side to support you and advocate for your needs. We do our best to ensure your privacy is protected at all times. Lawyers also provide trauma-informed advocacy, act as intermediaries with law enforcement, and ensure that survivors’ voices are heard and respected throughout the process. BD&J is connected to various California survivor support organizations and can refer clients to counselors, advocates, and victim-support groups.

Can a workplace sexual assault attorney protect me?

While a sexual assault attorney cannot be there to stop the harassment or assault from happening, they can help you take all the necessary legal steps to ensure your abuser and employer are held responsible for their actions. In some cases, simply getting an attorney is enough to intimidate abusers into backing down or employers into taking disciplinary action against the abuser. Even if your attacker continues to act aggressively, your sexual assault lawyer will never allow you to face them alone.

How long do I have to bring a sexual assault lawsuit in California?

Sexual assault lawsuits, while considered personal injury in most cases, are uniquely accounted for in California law. Because sexual assault is notoriously under reported, California has increased the statute of limitations for these claims to 10 years. If the assault occurred while the victim was a minor, the victim has until age 40 to report. For assaults that occurred between January 1, 2009 and January 1, 2019 victims currently have a unique opportunity to file a civil claim before December 31, 2026. Thanks to the 2023 Sexual Abuse and Cover-Up Accountability Act, or California Assembly Bill 2777, a three-year look back window was opened to allow survivors to file claims for assaults that otherwise have run out their statute of limitations.

What qualifies as sexual harassment in California?

Sexual harassment in California is any jokes, comments, words, gestures, or actions targeting a person on the basis of their gender identity, sexuality, body, fertility status, or age that create a hostile environment. Harassment is not limited by the gender, sexuality, body, age, or fertility status of the abuser. A victim who shares a gender presentation with their abuser can still bring a sexual harassment or assault claim.

Will My Attacker Be Arrested?

If you bring a claim in civil court, your attacker will not automatically be arrested. Criminal charges and civil claims are two entirely separate proceedings. If you feel comfortable, your workplace sexual assault lawyer can help you report your assault to the police and can act as an intermediary between you and law enforcement during an investigation. However, to ensure the most evidence is available for criminal investigations, it’s important to report as soon as possible after your assault. Police officers and detectives may request medical records, rape kits, photo and video evidence, and human resources reports to demonstrate a history of aggressive behavior. Your attorney will also help you understand your rights in testifying for police. If law enforcement finds sufficient evidence to hold your attacked criminally responsible for the assault, they will file charges on your behalf. Criminal and civil proceedings related to the assault may occur simultaneously or at different times.

How Do I Find a Successful Workplace Sexual Assault Lawyer in California?

Sexual assault lawyers should be considered carefully before selecting one. Your attorney will be your ally in all legal proceedings for the next several months or more. For this reason, you should meet with a local California attorney face-to-face to ensure you both see eye-to-eye. Check reviews from other clients to learn more about how your potential attorney works with clients like you and review their results to verify that they can win for you.

  1. Check their past case outcomes. If a lawyer doesn’t have many sexual assault cases under their belt or doesn’t seem to recover large compensation amounts, they may not be the best choice for you.
  2. Read reviews. Client reviews are one of the most valuable ways you can identify great attorneys. Not only do you expect a workplace sexual assault attorney to be communicative and dedicated, but you also need a lawyer who is kind, sensitive, and understanding to the nature of the case.
  3. Schedule a free consultation. Free consultations are your opportunity to interview a potential workplace sexual assault lawyer in California. Come prepared with questions on how they’d handle your case and what you can expect from the process.

If money is a concern for you, you still don’t have to deal with sexual harassment or assault! Finding California sexual assault lawyers like those at BD&J who operate on contingency basis can help you get the legal help you need at no upfront costs.

What is a Contingency Fee?

Contingency fees are a common fee structure in personal injury cases in California. Sexual assault cases in the workplace are classified as personal injury claims and are therefore, eligible for contingency fees. While most people assume attorneys charge hourly for representation, BD&J’s sexual assault lawyers will not charge any fees at all upfront. As part of the retainer agreement to begin working with BD&J, you will agree to a particular percentage of your award to be claimed as attorney’s fees. However, this will not happen until the resolution of your claim. This means that both you and your sexual assault attorney are aligned in a goal to claim the maximum amount of compensation possible – not only for BD&J’s fees, but also for your well being and ability to return to your life.

BD&J Fights For Victims of Workplace Sexual Assault Across California

You deserve more than fear and manipulation. At BD&J, our team of knowledgeable and understanding sexual assault attorneys will hold your attacker and employer responsible for failing to provide a safe environment for you. Whether you are cisgendered, queer, pregnant, or any other protected status, our team will tirelessly fight for you. If you’re a victim of sexual harassment, BD&J can hold your attacker accountable. We’ve recovered more than $2 billion* for our clients over our 20-year history and won’t stop until you’ve been compensated for your trauma. Contact us today to schedule a free consultation!