California law holds employers accountable when sexual assault occurs in the workplace. If you experienced assault by a supervisor, coworker, or anyone connected to your job, you have legal options under the Fair Employment and Housing Act (FEHA) and California civil law.
Our Los Angeles workplace sexual assault lawyers at Greenberg Gross LLP provide confidential guidance to help you understand those options at your own pace.
Many people in this situation are unsure where the legal lines fall. Others worry about privacy, retaliation, or whether coming forward matters if time has passed. Those concerns are valid, and addressing them is part of the process.
If you are ready to talk through your situation, call us at (855) 255-5515 for a confidential consultation.
Ask Greenberg Gross LLP
Q: Does workplace sexual assault have to happen at the office?
A: No. California law covers sexual assault connected to the employment relationship regardless of location. Assault at a company event, during a business trip, in a parking structure, or at any location tied to work duties may support a legal claim.
Q: What is the difference between sexual harassment and sexual assault at work?
A: Sexual harassment involves unwelcome verbal, visual, or non-physical conduct of a sexual nature. Sexual assault involves physical contact, including groping, forced touching, or coerced sexual acts. Both give rise to legal claims, but assault typically involves greater legal exposure for the employer and individual.
Q: Do I have to tell my employer before contacting a lawyer?
A: No. You are not required to report the assault internally before seeking legal counsel. Speaking with a lawyer first allows you to understand your rights and evaluate the safest approach before making decisions about internal reporting.
Q: What if the person who assaulted me no longer works at the company?
A: Their departure does not eliminate the legal claim. Employer liability under FEHA is based on what the employer knew, how it responded, and whether it failed to prevent harm. A claim against the employer may proceed regardless of the individual's current status.
What Qualifies as Workplace Sexual Assault in California?
Sexual assault at work involves unwanted physical contact of a sexual nature. It is distinct from sexual harassment, though the two often overlap in employment claims.
Harassment involves verbal or visual conduct. Assault involves physical acts, including groping, forced contact, coerced sexual acts, or any nonconsensual touching with a sexual purpose.
Where California Law Draws the Line
Under California law, sexual assault in the workplace may give rise to both civil and criminal liability. A civil claim focuses on compensation for the harm caused. A criminal case, handled separately by prosecutors, addresses punishment.
FEHA covers the employment side of these claims. California Government Code § 12940(j) prohibits harassment in the workplace, including physical harassment of a sexual nature.
When conduct crosses from verbal harassment into physical assault, the legal exposure for both the employer and the individual increases significantly.
Situations That Give Rise to Claims
Workplace sexual assault doesn't just happen in an office. California law applies to conduct during work hours, on work premises, at work-sponsored events, during business travel, and in any setting connected to employment.
A supervisor who uses authority to coerce physical contact, a coworker who assaults someone in a break room, or an assault at a company retreat may all form the basis of a claim.
Why We Represent Survivors of Workplace Sexual Assault at Greenberg Gross LLP
Our firm has a deep commitment to representing survivors. We handle sexual abuse and assault cases through dedicated advocacy efforts, including our FightForSurvivors.com initiative.
Our attorneys have secured a $6.4 million settlement against a school district, a $3.75 million settlement against LAUSD, and a $4.1 million settlement involving a private school. These outcomes reflect our record of holding institutions accountable when they fail to protect people in their care.
Past results do not guarantee future outcomes.
Confidential, Survivor-Centered Representation
Our founders left a global law firm over a decade ago to build a practice grounded in trial preparation and client-focused service.
Employment law is our core practice. Our Los Angeles office at 601 S. Figueroa Street, Suite 2460, sits in the Financial District. We also maintain headquarters in Costa Mesa and offices in Las Vegas, New York, Newark, Buffalo, Philadelphia, Pittsburg, Chicago,and Boston.
Consultations are confidential. You control the pace. Call us at (855) 255-5515 to speak with a workplace sexual assault attorney in Los Angeles.
Can an Employer Be Held Liable for Workplace Sexual Assault?
California law does not limit liability to the person who committed the assault. Employers may bear legal responsibility depending on who was involved and what the employer knew.
The liability rules differ based on whether the assailant was a supervisor or a coworker.
Supervisor Misconduct and Strict Liability
Under FEHA, employers face strict liability when a supervisor commits harassment or assault. Strict liability means the employer is responsible regardless of whether management knew about the conduct.
In plain terms, if a supervisor assaults an employee, the company is liable. The employer does not get to claim ignorance.
This rule exists because supervisors hold authority over job duties, schedules, evaluations, and career advancement. California law recognizes that power imbalance.
Coworker Misconduct and Employer Negligence
When a coworker commits an assault, the employer may be liable under a negligence standard. The employer is responsible if it knew or had reason to know about the conduct and failed to take prompt corrective action.
For example, if an employee reported escalating physical behavior and the employer took no meaningful steps, that failure to act may support a negligence claim under Government Code § 12940(k).
That statute requires employers to take reasonable steps to prevent harassment.
Negligent Hiring, Supervision, and Retention
California common law also allows claims for negligent hiring, negligent supervision, and negligent retention. These apply when an employer hired someone with a known history of misconduct, failed to supervise adequately, or kept someone on staff after learning about dangerous behavior.
These claims broaden accountability beyond FEHA and may increase the damages available.
What Evidence Helps Prove a Workplace Sexual Assault Claim?
Evidence in these cases comes from multiple sources. No single document is required, and many claims rely on a combination of records rather than one decisive piece.
Gathering evidence early matters. Employers and their legal teams often begin shaping their version of events as soon as they learn of a potential claim.
Records That Strengthen a Case
Several categories of documentation may support a workplace sexual assault case filed in Los Angeles County Superior Court or federal court. The following records are among the most commonly relevant:
- Internal complaints, HR emails, or written reports documenting the assault or prior incidents
- Text messages, emails, or voicemails from the assailant or from supervisors responding to reports
- Medical records reflecting injuries or counseling connected to the assault
- Witness statements from coworkers who observed the conduct or the employer's response
- A written timeline recording dates, locations, and individuals involved
Preserving these records promptly reduces the risk of evidence being altered or destroyed. An attorney may send a litigation hold notice requiring the employer to retain all related documents and communications.
What Compensation May Be Available in a Workplace Sexual Assault Case?
California law recognizes that workplace sexual assault causes financial, emotional, and personal harm. Compensation in these cases reflects the full scope of that impact.
The value of any individual case depends on the severity of the assault, the employer's response, and the documented harm.
Economic Losses
Economic damages cover measurable financial harm. These include back pay, front pay, and lost benefits resulting from the assault or its aftermath.
If you were forced to leave your job, costs related to job searching and career disruption may also factor in.
Emotional and Personal Harm
Non-economic damages address harm that does not come with a receipt. Anxiety, depression, PTSD, loss of sleep, and the impact on personal relationships all fall under this category.
California places no cap on non-economic damages in employment cases under FEHA. Juries have broad discretion to assess the emotional and personal toll.
Punitive Damages and Legal Fees
When an employer's conduct is especially reckless or egregious, a jury may award punitive damages. These exist to punish the employer and discourage similar behavior.
FEHA also allows courts to order the employer to pay attorney's fees and court costs. This reduces the financial risk of bringing a claim.
We fight for fair compensation that reflects what survivors have actually experienced. Call our Los Angeles office at (213) 334-7000 to talk through your situation.
How Long Do You Have to File a Workplace Sexual Assault Claim in California?
Filing deadlines depend on the type of claim. Missing a deadline may permanently close the door on legal options.
FEHA Administrative Complaint
Under California Government Code § 12960, employees generally have three years from the date of the assault to file a complaint with the CRD. The CRD then issues a right-to-sue notice allowing the case to proceed in civil court.
Once the right-to-sue notice is issued, you have one year to file a civil lawsuit.
Civil Claims Beyond FEHA
Separate personal injury or assault claims filed under California civil law carry their own deadlines. California Code of Civil Procedure § 340.16 provides an extended statute of limitations for sexual assault claims, giving survivors additional time in many circumstances.
The specific deadline depends on when the assault occurred and other case-specific factors. Speaking with an attorney early helps clarify which deadlines apply.
If you are concerned about timing, call us at (855) 255-5515 to discuss your situation confidentially.
How Does Workplace Sexual Assault Affect Employees Across Los Angeles?
Los Angeles has one of the largest and most diverse labor markets in the country. Workplace sexual assault occurs across every industry, from entertainment and hospitality to healthcare, retail, and corporate offices.
Industry-Specific Risks in LA
The entertainment industry's reliance on informal power structures and project-based employment creates environments where misconduct may go unreported.
Hospitality and service-sector workers often face pressure to tolerate inappropriate conduct to keep shifts or tips.
Corporate employees in offices along Figueroa Street or in Century City may experience assault by supervisors who control performance reviews and advancement.
Local Enforcement and Court Resources
The California Civil Rights Department processes thousands of employment complaints statewide each year. Los Angeles County generates a significant share of those filings.
Civil employment cases in LA are heard at the Los Angeles County Superior Court. The Stanley Mosk Courthouse downtown serves as the central civil courthouse for many of these claims.
Employees across the San Fernando Valley, South LA, West LA, and the downtown corridor all have the same protections under California law.
FAQs for Los Angeles Workplace Sexual Assault Claims
What if there were no witnesses to the assault?
Many workplace sexual assault claims proceed without eyewitness testimony. Medical records, communications, internal complaints, and patterns of employer conduct may all support a case. The absence of witnesses does not prevent a claim from moving forward.
Do I have to go to court if I file a claim?
Most employment claims resolve through negotiation or mediation before reaching trial. However, we prepare every case as though it may go to trial. That preparation helps influence the outcome of settlement discussions.
What if my employer offers me a settlement or severance agreement?
Signing an agreement without legal review may limit future legal options. Severance packages often include release clauses that waive the right to pursue additional claims. An attorney reviews the terms to determine whether the offer reflects the actual value of the claim.
Do I need to report the assault to my employer before filing a legal claim?
California law does not require you to report the assault internally before filing with the CRD. However, an internal report may strengthen a claim by documenting the employer's awareness and response. An attorney helps you evaluate whether reporting is in your best interest.
What protections exist against employer retaliation?
FEHA prohibits employers from retaliating against employees who report harassment or assault. Retaliation includes termination, demotion, reduced hours, and exclusion from projects. If your employer penalizes you after a report, that retaliation is a separate legal violation with its own damages.
Your Next Step Is a Confidential Conversation
Reaching out to a lawyer does not commit you to anything. It gives you information, clarity, and the ability to make an informed decision about what comes next.
Our trial lawyers have represented survivors in claims against individuals and institutions, recovering millions in settlements for those harmed by sexual misconduct. We bring over a decade of litigation experience and a commitment to treating every client with dignity.
Call (855) 255-5515 or contact us online to schedule a free, confidential consultation.