Sexual Harassment · California & New York
Sexual Assault at Work Attorney
Dealing with a sexual assault at work issue? Our California & New York employment attorneys can help you get the compensation you deserve.
Free Case ReviewCommon Sexual Assault at Work Scenarios
What You Can Recover in a Sexual Assault at Work Case
If you have experienced sexual assault at work, California and New York law give sexual harassment victims real remedies. Depending on the facts of your case, you may be entitled to:
- Back pay and lost wages caused by the sexual assault at work
- Compensatory damages for the emotional distress it caused you
- Punitive damages where the employer's conduct was egregious
- Attorney's fees and litigation costs — most employment statutes shift these to the employer when you win
Sexual Assault at Work FAQ
Can I sue my employer for a sexual assault committed by a coworker?
Yes. If your employer knew or should have known that the assailant posed a risk and failed to take preventive action, the employer can be held liable for negligent hiring, supervision, or retention. Under California and New York law, employers who ignore prior complaints about an employee's predatory behavior are particularly vulnerable to liability.
Should I file a police report in addition to a civil claim?
Yes, you should consider filing a police report. Criminal and civil proceedings are separate — a criminal case addresses punishment, while a civil case addresses your compensation. A criminal conviction can strengthen your civil case, but you do not need a criminal conviction to win a civil lawsuit. California has eliminated the statute of limitations for criminal sexual assault.
What is the statute of limitations for workplace sexual assault claims?
California extended the statute of limitations for sexual assault claims to 10 years under CCP § 340.16 (effective 2019). For FEHA claims involving sexual harassment/assault, you have three years to file with the Civil Rights Department. New York's Adult Survivors Act and the Look-Back Window have expanded filing deadlines. Federal Title VII claims have a 300-day EEOC filing deadline.
What damages can I recover for workplace sexual assault?
Damages can be substantial: medical expenses, therapy costs, lost wages, future earning capacity, emotional distress, pain and suffering, and punitive damages. California prohibits confidentiality clauses in sexual assault settlements (CCP § 1001). New York law similarly restricts NDAs in sexual harassment settlements unless the complainant prefers confidentiality.
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