Why Many Cases of Workplace Sexual Assault Go Unreported and How Lawyers Can Help
Workplace sexual assault remains a serious and persistent issue in the United States, with thousands of cases occurring each year and the majority going unreported. Survivors avoid reporting due to fear of retaliation, reputational harm, or distrust in internal processes. However, the emotional and professional impact is profound, leading to higher rates of job changes, psychological stress, and harm to workplace morale. We want to help victims of workplace sexual assault to hold their perpetrators accountable for their actions and feel empowered on their road to recovery. If you have experienced sexual assault in the workplace, know that legal support is just a phone call away. Contact the California workplace sexual assault attorneys at BD&J 24/7 for a free, confidential case evaluation and get justice today!
The Reality of Workplace Sexual Assault
In California, workplace sexual assault includes unwelcome sexual conduct that is so severe or pervasive it creates a hostile work environment, or the exchange of employment benefits for sexual favors (quid pro quo). This encompasses engaging in physical, sexual activities without consent, when the other person is unable to consent to the activity or through coercion. Sexual assault is a form of sexual harassment, which is a broader term that refers to any unwelcome verbal, physical, or visual conduct that is sexual in nature. 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).
A National Study on Sexual Harassment and Assault in 2019 shows that significantly more women reported experiencing some form of sexual assault than men at 23% and 9% respectively. 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. While workplaces are not the primary location for abuse of this kind to occur, when it happens it is usually distressing and painful for survivors. For example, the first study found that 1 in 7 women and 1 in 17 men have sought a new job assignment, changed jobs, or quit a job because of sexual harassment and assault.
Why So Many Cases Go Unreported
Being the victim of a workplace sexual assault can have long term physical and mental effects, and estimates suggests at least 75% of survivors do not report or file formal complaints about their assault. There are many reasons why victims do not report experiencing sexual assault in the workplace, these include:
Fear of Retaliation: Although it is illegal for employers to retaliate against someone that has reported a sexual assault, many survivors fear losing their job, being demoted, or professional blacklisting.
Shame or Stigma: Victims often feel ashamed and, in some way, responsible for their assault and expect others to blame, judge, or treat them differently.
Distrust of HR or Employer: Survivors often think companies will protect the abuser, prioritize their reputation, not take the complaint seriously, or handle the issue poorly.
Lack of Awareness: Victims might not realize they have the right to take legal action or know about the available reporting options that can protect their confidentiality and prevent retaliation (e.g. the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH)).
Cultural and Social Barriers: Language barriers, immigration status, socioeconomic status, or cultural stigma preventing victims from reporting.
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.
How Lawyers Can Help Victims of Workplace Sexual Assault
If you experienced sexual assault in the workplace, it’s a good idea to reach out to a workplace sexual assault law firm in California to understand your rights and legal options. When you are ready, a lawyer can help you exercise your right to compensation, pursue criminal charges, and prevent illegal retaliation from employers. They support victims in filing a report with local law enforcement, if they choose to seek criminal punishment for their perpetrators. This will kick off a criminal investigation which is separate from and will not affect the outcome of a civil lawsuit. Lawyers help survivors to carefully convey their experience in the form of a complaint and file it with the appropriate agencies, like the EEOC or California DFEH, and make sure the complaint is taken seriously. After the EEOC or DFEH completes an investigation, they will issue a right to sue letter.
A legal team will then initiate a civil lawsuit to recover compensation for damages like emotional distress, lost wages, and even punitive awards. This process will involve an investigation and evidence collection to build a strong case and back up your claim. Any evidence related to the sexual assault can be valuable in case the perpetrator denies the claim. Lawyers will negotiate with the defendant or their legal counsel and attempt to reach a settlement. The BD&J team will prioritize settling the case out of court to protect survivors from the painful process of a trial, but, if necessary, a lawyer will represent your case in court. Our sexual assault attorneys empower you to decide how your case goes.
Throughout the criminal and/or civil legal proceedings, sexual assault lawyers ensure the victims’ privacy is protected. 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.
FAQs
Can I be fired for reporting sexual assault at work?
No, reporting sexual harassment or assault is legally protected, and it is against the law for an employer to terminate an employee for reporting a sexual assault. If you are fired from a job after reporting a sexual assault, it can easily be identified as a wrongful termination. Contact a workplace sexual assault attorney in California, to hold the employer accountable for their misconduct.
How long do I have to file a claim in California?
This depends on the age of the survivor at the time of the assault and when the assault took place. If the victim was under 18 at the time of the assault, they have until they turn 40 or 5 years from the time they discover a psychological injury or illness, occurring after the age of majority, that was caused by the sexual assault.
If the victim was an adult at the time of the assault, the timeline depends on when the assault occurred. For assaults that occurred on or after January 1, 2019, victims have 10 years from the date of the assault or 3 years from the time they discovered they were injured because of the sexual assault. 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 lookback window was opened to allow survivors to file claims for assaults that otherwise have run out their statute of limitations.
What damages can I recover in a workplace sexual assault case?
Victims of workplace sexual assault can recover compensation for damages or losses suffered from the assault. Eligible compensation includes lost income, lost benefits, mental suffering, emotional anguish, costs for mental health treatment, medical bills, and attorney fees and court costs, among others. A California workplace sexual assault lawyer can help evaluate your case and ensure you claim compensation for all eligible damages and losses incurred because of the assault.
How do lawyers keep my case confidential?
BD&J sexual assault lawyers will do everything in their power to protect your privacy when involved in legal procedures. Specifically, they will use pseudonyms, seal sensitive records, and provide media guidance to clients. Lawyers will replace your name with initials or an alias in legal filings whenever possible. Though legal filings are usually public record, lawyers can request to restrict public access to medical or personal information. Your legal team will also give you clear directions about how to handle media inquiries and other communications, to help keep your story private. Finally, when resolving the case your California workplace sexual assault attorney can include confidentiality clauses in the settlement agreement to ensure that those involved in the legal proceedings respect your privacy and maintain confidentiality after the case is resolved.
Getting Started with BD&J Workplace Sexual Assault Lawyers
Deciding to hold perpetrators responsible for sexual assault in the workplace can be daunting for many survivors. The team of workplace sexual assault attorneys at BD&J hope to put you at ease and help you feel confident about getting the justice and compensation you deserve. Follow these steps to get started with BD&J today:
Compile documentation. Keep any messages or communications with the perpetrator, collect information from potential witnesses, and make a copy of any HR reports or complaints that have been filed. Any evidence you can provide can help expedite your case.
Schedule a free, confidential consultation. Start by discussing your case with a legal expert and learn about your rights and legal options. This no obligation, free consultation is your chance to understand what pursuing your case will involve and how much compensation you can expect.
Stay in touch with us. Our workplace sexual assault lawyers will keep you updated throughout the legal proceedings. We empower clients to participate in their claim if they feel comfortable and consult clients as needed.
Decades of Experience Protecting Survivors
BD&J has provided dedicated, compassionate representation for California residents for over 20 years, claiming more than $2 billion* in compensation for victims. Our workplace sexual assault attorneys will help you manage the stressful process of filing a lawsuit after your attack and be your steadfast ally through every step of the process. If you were sexually assaulted in the workplace, contact the BD&J team today for a free case evaluation and find out how you can be compensated for the emotional distress you have suffered.
