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, invasive, and 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, and you deserve to feel at ease in your place of work. You deserve to hold the responsible parties accountable after incidents of assault and harassment.
If you’ve been the target of workplace sexual assault, sexual harassment or problematic comments at work or in a place of business, contact BD&J today to schedule a free consultation with a compassionate California workplace sexual assault lawyer. Call 855-906-3699 to connect with us now.
Key Takeaways
- Workplace sexual harassment can happen to anyone, regardless of gender, age, race, and class
- A 2024 study estimated 1 in 4 U.S. adults experienced sexual harassment or assault annually (Newcomb Institute)
- California workers can hold a coworker, manager, or supervisor accountable for financial restitution after workplace sexual assault or harassment
- A California workplace sexual assault and harassment attorney can represent you in a claim
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
- Younger employees who work in low-paying jobs
- Migrant workers
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 will seek justice.
Hostile Work Environment and Quid Pro Quo
Workplace sexual harassment is recognized as 2 categories:
- Hostile Work Environment – This occurs when repeated comments, jokes, nonconsensual touching, and other sexually motivated actions create a hostile and uncomfortable working environment for the targeted individual. The offensiveness and frequency of this type of harassment can lead to ostracization, anxiety, and stress for the employee.
- Quid Pro Quo – This form of workplace sexual harassment revolves around a power imbalance, and consists of a supervisor, boss, or manager holding work promotions, employment opportunity, and other benefits over an employee in exchange for sexual favors. The opposite is true as well, and an employer or other person in a position of power can hold ‘punishments’ over an employee who refuses their advances, including loss of employment.
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 accountability.
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.
In 2024, the California Civil Rights Department received 487 workplace sexual harassment complaints, 449 being hostile work environment and 38 being quid pro quo. Between 2018 and 2021, the Equal Employment Opportunity Commission (EEOC) reported that more than 78% of workplace sexual harassment charges were filed by women throughout the nation. It’s no secret that workplace sexual assault and harassment is still massively underreported, often due to fear of retaliation and exposure to the victim.
Androgynous, transgender, nonbinary, gender-fluid, or otherwise queer individuals are still at a disproportionately higher risk of being sexually assaulted in their lifetimes, and the workplace can be one of these settings. In fact, recent data shows that 47% of LGBTQ employees have experienced some form of discrimination or harassment while at work.
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 are 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.
Some of the necessary evidence that could be used in a sexual assault lawsuit includes:
- Any documentation of the harassment or assault, including text messages, emails, and even your own written account in a journal
- Formal documentation of any complaints made to Human Resources or other internal departments
- Medical records of any injuries sustained during incidents of assault
- A police record that details the incident(s)
- Documented mentions of an incident of assault or harassment in therapy sessions
- Testimonies from friends, family, and even other coworkers who may witnessed these incidents or the effect they had on you
A workplace sexual assault lawyer can also help you build a case based on your unique circumstances. An attorney can help shape a solid case against the perpetrator and any parties that enabled or covered for them.
Contact BD&J now to learn more about your specific case’s compensation.
Why Don’t Assault Victims Report?
Sexual assault is a much more pervasive problem than many realize, especially in the workplace. While the EEOC estimates that 90% of workplace harassment is unreported, the numbers for workplace sexual assault are still being studied. Underreporting is a very common thing, especially when it comes to incidents at the workplace that can affect a person’s livelihood.
So why does underreporting often happen? 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.
Ignore the stigma and fears that come with making your story heard. You can count on BD&J to advocate for your rights.
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, retaliation, 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.
Dedicated BD&J workplace sexual assault and harassment attorneys are just a call away. Dial 1-855-906-3699 now.
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.
How To Find the Right 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.
The following steps can help you find the right lawyer to represent your case:
- 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.
- 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.
- Schedule a free consultation. – Free consultations are your opportunity to interview a potential workplace sexual assault lawyer in California.
- Bring questions to your consultation. – Come prepared with questions on how the attorney would handle your case, their past experience with similar cases, and what you can expect from the legal process.
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 If Harassment 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, which is why it’s helpful and recommended to seek immediate medical attention after a sexual assault takes place. 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.
Sexual harassment is nothing to take lightly, especially at the workplace. BD&J attorneys are ready to explore your legal options for accountability and compensation.
Will My Attacker Be Arrested if I Present a Civil Claim?
If you bring a claim to civil court, your attacker will not automatically be arrested. Criminal charges and civil claims are two entirely separate proceedings but can occur simultaneously or at different times. 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, but 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.
Can My Employer Be Liable if I Was Harassed By a Customer at Work?
Yes, because employers have the duty to foster a safe working environment for employees under the Fair Employment and Housing Act and failing to correct or deal with harassment incidents from third parties like customers or other independent contractors would place responsibility on them.
How Soon Should I Speak with BD&J?
Workplace sexual assault and harassment cases are incredibly delicate and can understandably overwhelm any person when it comes to filing a claim and recounting the details of an incident. But don’t worry, BD&J California attorneys are here to be by your side during the claims process.
Since our beginnings, our team has been dedicated to treating our clients with respect, dignity, and undivided attention. As soon as you’re ready to share your story and hold any involved perpetrators accountable, the BD&J team will be here to take your call.
How Much Does It Cost to Work with a Workplace Sexual Assault and Harassment Attorney?
Regardless of your financial situation, you don’t have to let incidents of workplace sexual harassment and assault go unanswered for. 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?
Through a contingency fee structure, the money to present your claim is advanced to you, and final attorney fees are recovered from the compensation amount after your case is settled. This means no fees until we win your case* and 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 wellbeing and ability to return to your life.
BD&J Fights for Victims of Workplace Sexual Assault Across California
You deserve more than fear, manipulation, and stress. 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 and make your story heard. If you’re a victim of sexual harassment, BD&J can hold your attacker accountable. We’ve recovered more than $3 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 your FREE case review consultation!
