At Greenberg Gross LLP, our Nevada workplace sexual assault lawyers represent employees who have been sexually assaulted in connection with their employment and need help protecting their rights at work. Our attorneys investigate what occurred, determine whether an employer bears legal responsibility, gather evidence, address retaliation or other employment consequences, and pursue available claims on the survivor's behalf.
A workplace sexual assault can create several legal issues at once. The assault itself may constitute serious sex-based harassment, while the employer's conduct before or afterward can raise separate questions involving workplace safety, accommodations, leave, discrimination, and retaliation. Nevada law also provides specific employment protections for sexual assault survivors.
Greenberg Gross is a trial firm prepared to handle these complex, high-stakes employment matters. Call (702) 777-0888 for a free, confidential consultation.
Table of Contents
- Table of Contents
- Why Employees Choose Greenberg Gross for Workplace Sexual Assault Matters
- What Is Workplace Sexual Assault in Nevada?
- How Is Workplace Sexual Assault Different From Sexual Harassment?
- Our Attorneys Investigate More Than the Assault Itself
- When Can an Employer Be Responsible for Workplace Sexual Assault?
- What Workplace Protections Do Nevada Sexual Assault Survivors Have?
- Can Your Employer Punish You Because You Were Sexually Assaulted at Work?
- Can You Request Changes to Make the Workplace Safer?
- What Evidence Can Help Establish a Workplace Sexual Assault Claim?
- Do You Have to Report a Workplace Sexual Assault to the Police?
- Is an Employment Claim the Same as a Civil Lawsuit Against the Perpetrator?
- What if Your Employer Retaliates After You Report Sexual Misconduct?
- How Can Our Nevada Workplace Sexual Assault Lawyers Help?
- How Long Do You Have to File a Nevada Workplace Sexual Assault Claim?
- What Compensation and Other Relief Are Available?
- Frequently Asked Questions About Nevada Workplace Sexual Assault Claims
- Talk to a Nevada Workplace Sexual Assault Lawyer at Greenberg Gross Today
Why Employees Choose Greenberg Gross for Workplace Sexual Assault Matters
Workplace sexual assault cases require more than determining whether an assault occurred. Our attorneys examine the employment circumstances surrounding it: whether there were previous warning signs, what supervisors knew, how management responded, whether the employer protected the survivor afterward, and whether the employee experienced negative employment consequences.
Our attorneys have earned recognition from Super Lawyers, Martindale-Hubbell's AV Preeminent rating, the American Board of Trial Advocates (ABOTA), and the Daily Journal, including Top 100, Top Plaintiff, and Top Labor & Employment recognition.
We prepare every case as though it will go to trial, so your rights are protected every step of the way.
What Is Workplace Sexual Assault in Nevada?
Workplace sexual assault occurs when conduct constituting sexual assault under Nevada law happens in a workplace or otherwise intersects with someone's employment. The circumstances are not limited to assaults occurring inside a traditional office. Depending on the facts, workplace-related sexual misconduct can occur during:
- Business travel or conferences
- Employer-sponsored events
- Meetings away from the primary workplace
- Work at a customer's or client's location
- Employer-provided transportation or lodging
- Other activities connected to employment
The perpetrator could be a supervisor, coworker, executive, customer, client, vendor, or another person encountered through work. Whether an employer bears responsibility depends on the circumstances, including the perpetrator's relationship to the employer and what management knew about the risk or misconduct.
How Is Workplace Sexual Assault Different From Sexual Harassment?
Sexual harassment encompasses a broader range of prohibited sex-based workplace conduct. It can include unwanted sexual comments, propositions, sexual imagery, inappropriate touching, or other conduct that satisfies the applicable legal standard without constituting sexual assault.
Sexual assault involves more serious physical conduct defined by Nevada law. A sexual assault connected to employment can also constitute workplace harassment and potentially support other legal claims.
Sexual assault connected to employment can also constitute workplace harassment and support additional employment claims. Our Nevada employment lawyers can evaluate whether harassment, discrimination, retaliation, leave, accommodation, or other protections apply to your circumstances and explain your options.
Greenberg Gross LLP is ready to stand by your side
Our Attorneys Investigate More Than the Assault Itself
Establishing what occurred during an assault is critical, but it is not the only question an employment attorney asks. We also investigate the workplace circumstances surrounding the assault.
If the perpetrator had previously sent inappropriate messages, touched employees without consent, made threats, or generated earlier complaints, those facts can help establish what people within the organization knew before the assault. Employer records may show whether management received warnings and how it responded.
What happened afterward can be equally important. Did the employer investigate? Did management preserve relevant evidence? Was the survivor required to continue working with the alleged perpetrator? Did the employee request a schedule change, reassignment, or other safety measure? Who experienced disruption to their work after the report?
An employer's response can sometimes create a second problem. If the survivor loses desirable shifts, assignments, responsibilities, opportunities, or employment while the accused person experiences little disruption, our attorneys examine why those decisions were made and whether they violated Nevada or federal law.
Our legal analysis extends beyond the assault to the workplace conditions surrounding it and the employer's response. Learn more during a free case review.
When Can an Employer Be Responsible for Workplace Sexual Assault?
Employer responsibility depends on factors including who committed the misconduct, the perpetrator's workplace authority, what management knew or should have known, and how the employer responded. Prior complaints or warning signs involving the same person can become particularly important.
Our attorneys examine complaints, investigation records, internal communications, witness accounts, and other evidence to determine whether legal responsibility extends beyond the individual perpetrator.
What Workplace Protections Do Nevada Sexual Assault Survivors Have?
Nevada law gives sexual assault survivors specific employment protections that can become important regardless of whether the assault occurred at work.
Under Nevada law, NRS 613.222, an employer must provide a reasonable accommodation that does not create an undue hardship for an employee who is a victim of sexual assault. The protection also extends, in qualifying circumstances, to employees whose family or household members are victims.
Reasonable accommodations can include:
- A transfer or reassignment
- A modified work schedule
- A new work telephone number
- Another reasonable safety-related accommodation
Employers may request documentation to support the need for an accommodation. These protections can be particularly important when a survivor fears contact with a perpetrator or needs workplace changes to remain safe.
Can Your Employer Punish You Because You Were Sexually Assaulted at Work?
No. Nevada law expressly protects employees from specified adverse employment actions connected to sexual assault.
Under NRS 613.223, an employer cannot discharge, discipline, discriminate against, deny employment or promotion to, or threaten such actions against an employee for reasons that include requesting a qualifying accommodation or because an act constituting sexual assault was committed against the employee in the workplace. Nevada law also protects qualifying requests for leave and participation in related court proceedings.
Our attorneys examine employment changes after an assault, including schedule changes, reduced hours, discipline, unfavorable assignments, lost opportunities, demotion, or termination, to determine whether protected activity or the assault itself influenced those decisions. We use this information to tailor a legal strategy for each client’s circumstances.
Can You Request Changes to Make the Workplace Safer?
Yes. The appropriate accommodation depends on the survivor's circumstances and safety needs. A modified schedule may reduce contact with the perpetrator, while another employee may need reassignment or changed workplace contact information.
Our attorneys evaluate whether an employee qualifies for protection, whether the requested change is reasonable, and whether the employer complied with Nevada law.
What Evidence Can Help Establish a Workplace Sexual Assault Claim?
Evidence can disappear quickly after a workplace incident. Identifying what exists and where it is stored can therefore be an important early part of the legal investigation.
Relevant evidence can include:
- Security or surveillance video
- Key-card and building-access records
- Emails, texts, and workplace messages
- Work schedules and time records
- Travel, hotel, or expense records
- Complaints concerning the perpetrator
- Employer investigation materials
- Witness information
- Records of later changes in assignments, hours, pay, or duties
Some important evidence may never have been in the survivor's possession, including surveillance footage that can be overwritten, access logs, internal messages, investigation files, and earlier complaints involving the same individual.
We identify potentially relevant evidence, send appropriate preservation demands, and use formal discovery when litigation provides a means to obtain employer-controlled records and testimony.
Employees should preserve evidence they are lawfully entitled to possess without improperly accessing restricted systems or removing confidential or privileged employer information. If other evidence exists in the employer’s possession, we can request it through the formal discovery process.
We can help determine the details of your case
Do You Have to Report a Workplace Sexual Assault to the Police?
No. Criminal prosecutions and employment claims operate under different legal systems, and employment protections do not necessarily depend on whether the survivor makes a criminal report.
A police report can affect the available evidence, but our attorneys evaluate workplace rights separately. Our guide to Nevada workplace sexual assault and employees' legal rights explains these overlapping protections and reporting considerations in greater detail.
Is an Employment Claim the Same as a Civil Lawsuit Against the Perpetrator?
No. A workplace sexual assault can create different claims against different parties. A civil claim against the perpetrator addresses the perpetrator's conduct, while employment claims can address workplace harassment, employer responsibility, statutory protections, or unlawful treatment following the assault.
Additionally, criminal proceedings are separate. Our attorneys identify all responsible parties and applicable legal theories, since a single proceeding rarely addresses all consequences of the assault.
What if Your Employer Retaliates After You Report Sexual Misconduct?
Nevada and federal employment laws provide protections against retaliation for reporting or opposing unlawful workplace conduct. Retaliation can be obvious, such as termination shortly after a complaint, but other employment decisions can also require investigation.
For example, an employee may suddenly receive negative evaluations, lose important assignments, face heightened scrutiny, or experience discipline inconsistent with their previous employment record.
Timing alone does not establish retaliation. Our attorneys reconstruct the decision-making sequence to determine who knew about the protected activity, when adverse decisions began, and whether the employer's stated explanation is consistent with contemporaneous records.
How Can Our Nevada Workplace Sexual Assault Lawyers Help?
Our sexual assault in the workplace lawyers begin by listening to the survivor's account and identifying the legal issues created by the assault and the employer's conduct.
Depending on the circumstances, our attorneys can:
- Identify employment and civil claims supported by the facts
- Determine which parties can be held legally responsible
- Preserve surveillance footage, communications, and other evidence
- Investigate prior complaints or warning signs
- Evaluate leave and workplace accommodation rights
- Challenge retaliation or other unlawful employment actions
- Handle administrative filing requirements
- Negotiate with employers and other responsible parties
- File and pursue litigation when necessary
Our objective is not merely to file a complaint. We develop the factual and legal record needed to pursue an appropriate resolution through negotiation or litigation.
How Long Do You Have to File a Nevada Workplace Sexual Assault Claim?
The applicable deadline depends on the legal claim being pursued. Workplace sexual assault can implicate employment discrimination laws, Nevada's survivor protections, and separate civil causes of action, each with its own procedural requirements.
For qualifying federal employment claims in Nevada, an employee generally has 300 days from the alleged discriminatory harm to file an EEOC charge. Nevada Equal Rights Commission complaints are also generally subject to a 300-day filing period.
Different deadlines can govern civil claims arising directly from the assault or other employment causes of action. Employees should not assume that an internal investigation, criminal proceeding, or discussions with an employer extend a separate legal filing deadline.
Determining the available claims early also gives our attorneys more opportunity to preserve evidence that could otherwise disappear. Reach out today to learn which deadlines apply to your situation.
What Compensation and Other Relief Are Available?
Available relief depends on the legal claims established, the parties responsible, and the harm caused.
Employment-related remedies can include lost wages and benefits, compensation for qualifying emotional harm, appropriate equitable relief, and attorneys' fees and costs where authorized by law. Punitive damages are available for certain claims when the applicable legal requirements are established.
Nevada's statutory survivor protections can also make workplace accommodations or other employment-related relief important, even when the employee's immediate priority is to remain safe and employed. Separate civil claims against a perpetrator or another responsible party can provide different forms of relief.
Frequently Asked Questions About Nevada Workplace Sexual Assault Claims
Can I have a claim if the assault happened during a work trip?
Yes, depending on the circumstances. Sexual assault occurring during business travel, a conference, employer-provided lodging, or another work-related activity can raise employment-law issues. Our attorneys examine the relationship among the event, the perpetrator, the employer, and the employment.
What if the person who assaulted me was a customer rather than an employee?
A perpetrator does not have to be a coworker. An employer's responsibility for misconduct by a customer, client, vendor, or other nonemployee depends on applicable law and the facts, including what the employer knew and how much control it had over the workplace situation.
Can my employer make me work with the person I accused?
Nevada law provides qualifying sexual assault survivors with rights to reasonable workplace accommodations that do not impose an undue hardship. Whether a schedule change, transfer, reassignment, or another measure is required depends on the circumstances.
What if my employer says there is not enough evidence to substantiate my complaint?
An employer's internal conclusion does not necessarily determine whether you have a legal claim. Our attorneys independently evaluate witness testimony, communications, records, prior complaints, employer conduct, and other available evidence to determine if you have a viable legal claim.
Can I speak with a lawyer before reporting the assault to my employer?
Yes. You can seek legal advice before deciding how to proceed internally. Speaking with our attorneys can help you understand your employment protections, reporting options, evidence-preservation issues, and applicable deadlines.
Talk to a Nevada Workplace Sexual Assault Lawyer at Greenberg Gross Today
A workplace sexual assault can create legal issues extending beyond the assault itself, including employer responsibility, safety concerns, accommodations, employment consequences, and retaliation.
The Nevada workplace sexual assault lawyers at Greenberg Gross LLP investigate these circumstances, preserve evidence, identify responsible parties, and pursue available relief through negotiation or litigation.
Call Greenberg Gross LLP at (702) 777-0888 or contact us online for a free, confidential consultation. Our team is available 24/7.