What happened to you at work was not your fault. No employee should ever have to endure sexual violence in a place where they are supposed to feel safe, and no employer should be allowed to look the other way when it happens.
Buffalo workplace sexual assault lawyers at Greenberg Gross LLP represent survivors across Erie County and Western New York who have been subjected to sexual violence, unwanted physical contact, or coerced sexual conduct on the job.
Our attorneys pursue claims against both individual perpetrators and the employers whose negligence allowed the abuse to occur. If you experienced sexual assault at work, call Greenberg Gross LLP at (716) 819-8189 for a free and confidential consultation.
Why Survivors Choose Greenberg Gross LLP for Workplace Sexual Assault Cases in Buffalo
Coming forward after workplace sexual assault takes extraordinary courage. You need attorneys who treat your experience with the gravity it warrants and who have the resources to pursue accountability against individuals and institutions alike.
Committed Advocates for Survivors
Greenberg Gross LLP has a strong record of representing survivors of sexual abuse and assault. Our attorneys have secured a $6.4 million settlement against a school district, a $4.1 million recovery against a private school, and a $3.75 million settlement against LAUSD in childhood sexual abuse cases, along with a $3.5 million settlement involving equestrian athletes.
We also operate FightForSurvivors.com as part of our ongoing commitment to survivor advocacy. Prior results do not guarantee a similar outcome.
Prepared for Sensitive, High-Stakes Litigation
Our founders left one of the world's largest law firms to build a trial-focused practice dedicated to complex, high-stakes cases. Workplace sexual assault claims often involve sensitive evidence, powerful institutions, and deeply personal harm. We prepare every case with the care, discretion, and strategic focus this litigation demands.
Recognized Across the Legal Profession
Greenberg Gross has earned recognition among the nation's leading plaintiff-side litigation firms. Our attorneys hold distinctions including Super Lawyers, ABOTA membership, and Martindale-Hubbell's AV Preeminent rating.
Located in Downtown Buffalo with National Resources
Our office at 1 Seneca Street sits near the Erie County Courthouse and the U.S. District Court for the Western District of New York.
In addition to Buffalo, our firm maintains offices in Philadelphia, Boston, New Jersey, Costa Mesa, Los Angeles, Las Vegas, New York City, Newark, and Pittsburgh, allowing clients to benefit from the resources and experience of a nationally connected litigation team.
Guided by a Mission
We created this firm to stand with people facing their most consequential legal challenges. Workplace sexual assault changes lives, and we approach every case with the sensitivity, seriousness, and resolve that survivors need from their legal team.
Call (716) 819-8189 or (855) 255-5515 to speak with a workplace sexual assault attorney who is ready to listen and act on your behalf.
What Laws Protect Survivors of Workplace Sexual Assault in New York?
Survivors of workplace sexual assault in Buffalo may pursue legal claims under multiple federal and state laws. These statutes provide overlapping protections that allow claims against both the person who committed the assault and the employer that failed to prevent it or respond appropriately.
Federal Protections
Federal law addresses workplace sexual assault primarily through anti-discrimination statutes:
- Title VII of the Civil Rights Act of 1964 prohibits sexual harassment, including sexual assault, as a form of sex-based discrimination at employers with 15 or more employees. Employers may face liability when they knew or should have known about the conduct and failed to take prompt corrective action.
- The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, signed into federal law in 2022, makes pre-dispute arbitration agreements unenforceable for claims involving sexual assault or sexual harassment, giving survivors the right to bring their claims in court.
Federal law sets a baseline, but New York provides substantially broader remedies for survivors of workplace sexual violence.
New York State Protections
New York has enacted some of the nation's strongest protections for survivors of sexual assault and harassment in the workplace:
- The New York State Human Rights Law (NYSHRL) prohibits sexual harassment, including assault, by employers with four or more employees. For sexual harassment claims specifically, even single-employee workplaces are covered under Executive Law Section 296.
- New York common law allows survivors to bring tort claims for assault, battery, and intentional infliction of emotional distress against individual perpetrators, with no cap on damages.
- The New York Adult Survivors Act opened a one-year lookback window allowing survivors of sexual offenses to file civil claims regardless of when the assault occurred. That window closed in November 2023, but survivors whose claims fall within the standard statute of limitations may still pursue legal action.
This layered legal framework gives survivors in Western New York multiple pathways for seeking both accountability and compensation. This general information does not replace legal counsel specific to your circumstances.
Who May Be Held Liable for Workplace Sexual Assault in Buffalo?
Workplace sexual assault cases often involve more than one responsible party. Depending on the facts, you may have claims against the person who committed the assault, the employer, and potentially other individuals or entities that contributed to the conditions that allowed the assault to happen.
The Individual Perpetrator
The person who committed the assault may face personal liability for assault, battery, and intentional infliction of emotional distress under New York common law. These tort claims allow you to seek compensatory damages directly from the individual, including damages for physical harm, emotional suffering, and psychological trauma.
The Employer
Employers have a legal obligation to maintain a safe working environment. When an employer fails to meet that obligation, the employer may face liability under several legal theories. Situations that may give rise to employer liability include:
- Negligent hiring, supervision, or retention of an employee the employer knew or should have known posed a risk
- Failure to investigate or act on prior complaints of sexual misconduct by the same individual
- Ratification of the assault by taking no corrective action after learning about it
- Vicarious liability when the perpetrator held supervisory authority and used that position to facilitate the assault
An employer's failure to act on warning signs or complaints does not just reflect poor judgment. It may constitute actionable negligence that carries significant legal consequences.
Third Parties
In some cases, staffing agencies, property owners, or contractors may share responsibility for conditions that contributed to the assault. A workplace sexual assault lawyer in Buffalo evaluates all potential sources of liability to pursue the broadest possible claim on your behalf.
How Do You File a Workplace Sexual Assault Claim in Buffalo?
Filing a workplace sexual assault claim involves navigating both criminal and civil legal systems. Many survivors pursue civil claims independently of any criminal investigation, and you do not need a criminal conviction or even a police report to move forward with a civil lawsuit.
Criminal vs. Civil Proceedings
Criminal cases are prosecuted by the district attorney and focus on holding the offender criminally responsible. Civil cases are filed by the survivor and focus on obtaining compensation for the harm suffered. The two processes operate independently, with different standards of proof and different timelines.
Filing Deadlines for Civil Claims
Deadlines for workplace sexual assault claims in New York vary depending on the type of claim:
- NYSHRL claims filed directly in state court allow three years from the assault
- NYSHRL claims filed with the Division of Human Rights must be filed within one year
- Title VII charges through the EEOC require filing within 300 days
- Common law tort claims for assault and battery carry a one-year statute of limitations
- Negligence claims against an employer generally allow three years
These overlapping deadlines make early consultation with an attorney particularly important. A single missed window may eliminate an entire category of recovery.
The Role of Your Attorney
A workplace sexual assault attorney handles every aspect of your civil claim, from evidence gathering and identifying liable parties to filing in the appropriate forum and preparing for trial. Your attorney also serves as a buffer between you and the legal process, working to minimize the number of times you need to recount your experience and protecting your privacy throughout the proceedings.
What Damages May Be Available to Survivors of Workplace Sexual Assault?
If your claim succeeds, you may be entitled to several forms of compensation depending on which legal theories apply and the severity of the harm you experienced.
Survivors of workplace sexual assault in Erie County and Western New York may recover:
- Compensatory damages for physical injuries, medical expenses, therapy costs, and ongoing treatment needs
- Damages for emotional and psychological harm, including PTSD, anxiety, depression, and loss of enjoyment of life, with no cap under the NYSHRL or New York common law
- Lost wages and benefits, both past and future, if the assault caused you to miss work, leave your position, or experience a career setback
- Punitive damages against the employer or perpetrator in cases involving especially willful or egregious conduct
- Attorney's fees and litigation costs under applicable statutes
The full scope of recoverable damages depends on your specific situation. A workplace sexual assault attorney in Buffalo identifies every available category of relief and builds the strongest path toward holding the responsible parties accountable.
Ask Greenberg Gross
Can I sue my employer even if the assault was committed by a coworker?
Yes. If your employer knew or should have known about the risk and failed to take reasonable steps to prevent harm or respond to your report, the employer may face liability for negligent hiring, supervision, or retention. You do not need to prove that the employer directly committed the assault. The employer's own negligence in allowing the assault to occur is itself a basis for legal action.
What if I did not report the assault to my employer or to police?
You may still have a viable civil claim. While reporting may strengthen certain aspects of your case, many survivors delay disclosure for understandable reasons, including fear of retaliation, shame, or concern about not being believed. New York law does not require a prior report to your employer or a criminal complaint as a prerequisite for filing a civil lawsuit.
Will my identity be made public if I file a lawsuit?
New York courts may allow survivors of sexual assault to proceed under a pseudonym in certain circumstances. Your attorney may file a motion requesting that the court permit you to use initials or a fictitious name in court filings to protect your privacy. The decision rests with the judge, but New York courts have granted these requests in cases involving sexual violence.
Can I file a claim if the assault happened years ago?
It depends on which claims apply to your situation. While the Adult Survivors Act lookback window has closed, you may still have claims within the standard statutes of limitations. Negligence claims against an employer allow three years, and NYSHRL claims filed in state court also provide a three-year window. An attorney reviews the timeline of your case to determine which legal paths remain available.
FAQs for Buffalo Workplace Sexual Assault Lawyers
How long do I have to file a workplace sexual assault claim in Buffalo?
Deadlines vary by claim type. NYSHRL claims filed in state court provide three years. Title VII charges through the EEOC require filing within 300 days. Common law tort claims for assault and battery have a one-year statute of limitations. Because these windows overlap and some are short, consulting an attorney as soon as possible preserves your broadest range of legal options.
Do I need a criminal conviction to file a civil lawsuit for workplace sexual assault?
No. Civil cases and criminal cases operate under different legal standards. Civil cases use a preponderance of the evidence standard, which is a lower threshold than the beyond a reasonable doubt standard required for criminal conviction. Many successful civil claims proceed without any criminal charges being filed at all.
How much does a workplace sexual assault lawyer in Buffalo cost?
Greenberg Gross LLP handles workplace sexual assault cases on a contingency fee basis. You pay nothing upfront, and attorney's fees come from the recovery in your case. If there is no recovery, you typically owe no attorney's fees. Your fee agreement addresses any responsibility for specific litigation expenses.
Can my employer fire me for reporting sexual assault at work?
No. Federal and New York State law prohibit employers from retaliating against employees who report sexual assault, file complaints, or cooperate with investigations. If your employer terminated you, demoted you, or took other materially adverse action after you came forward, you may have a separate retaliation claim alongside your underlying assault claim.
What if my employer has a mandatory arbitration clause in my contract?
Under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, pre-dispute arbitration agreements are unenforceable for claims involving sexual assault or sexual harassment. This federal law, enacted in 2022, means you may have the right to bring your claim in court regardless of what your employment agreement states. Your attorney reviews the specific language of your agreement to confirm your options.
Reach Out to Buffalo Workplace Sexual Assault Lawyers at Greenberg Gross LLP
Taking legal action after workplace sexual assault is deeply personal, and no one should have to navigate that process without compassionate, experienced legal support. The law provides real avenues for accountability and recovery, but those avenues narrow as filing deadlines approach.
Greenberg Gross LLP represents survivors throughout Erie County and Western New York from our office at 1 Seneca Street in downtown Buffalo. We bring the full weight of a nationally recognized survivor advocacy practice to every workplace sexual assault case, and we handle every conversation with the discretion and care your situation demands.
Call (716) 819-8189 or (855) 255-5515 today for a free, confidential consultation. You took the hardest step by recognizing what happened. Let us help you take the next one.