California law provides civil legal options for employees who experience sexual assault at work. If a supervisor, coworker, or anyone connected to your job committed unwanted physical contact of a sexual nature, both the individual and the employer may face legal accountability.
Speaking with an Orange County workplace sexual assault lawyer helps you understand what those options look like and how to move forward at your own pace.
You may be unsure whether what happened qualifies legally, or whether your employer bears any responsibility. You may also be weighing concerns about privacy, retaliation, or what happens next. Those are exactly the kinds of questions a confidential legal conversation is designed to address.
Our Costa Mesa office at 650 Town Center Drive sits in the center of Orange County's legal and business corridor. Call us at (949) 383-2800 whenever you are ready to talk through your situation.
What Qualifies as Workplace Sexual Assault Under California Law?
Workplace sexual assault involves unwanted physical contact of a sexual nature that occurs in connection with employment. It is legally distinct from sexual harassment. Harassment involves verbal, visual, or non-physical conduct. Assault involves physical acts, including groping, forced touching, coerced sexual contact, or any nonconsensual physical act with a sexual purpose.
Both are illegal. But assault carries greater legal consequences for the perpetrator and the employer.
| Sexual Harassment | Sexual Assault | |
| Nature | Verbal, visual, non-physical | Physical contact or coercion |
| Examples | Comments, jokes, images, requests | Groping, forced touching, coerced acts |
| Legal basis | FEHA hostile work environment | FEHA + civil assault claims |
| Employer liability | Varies by relationship | Often strict liability for supervisors |
Where Does the Conduct Have to Occur?
Workplace sexual assault does not have to happen in an office. California law covers conduct tied to the employment relationship regardless of location. Assault at a company event, during business travel, in a parking structure, or at an off-site meeting may all support a claim.
The legal question is whether the conduct was connected to employment, not whether it occurred on company property.
Why We Advocate for Survivors of Workplace Sexual Assault
Our commitment to representing survivors runs deep. We handle sexual abuse and assault cases through dedicated advocacy, including the FightForSurvivors.com initiative. This work reflects a core value of our firm, not a secondary practice area.
We have recovered $6.4 million against a school district, $4.1 million against a private school, and $3.75 million against LAUSD in cases involving institutional failures to protect those in their care. Each required holding organizations accountable for the actions of individuals they employed or supervised.
Past results do not guarantee future outcomes.
Our founders created this firm after leaving a global practice because they wanted to try cases differently. Every case receives trial-level attention from the outset, and we prepare to win.
Consultations are confidential. We discuss fee arrangements transparently during your first conversation. You control the pace. Call (949) 383-2800.
Can Your Employer Be Held Responsible for Sexual Assault at Work?
Yes, your employer can be held responsible for sexual assault at work. California law holds employers accountable for workplace sexual assault under multiple legal theories. Liability does not rest solely with the person who committed the assault. The employer's knowledge, authority structure, and response all factor into the legal analysis.
The standard depends on who committed the assault and what the employer did or failed to do.
Supervisor Misconduct: Strict Liability
Under the Fair Employment and Housing Act (FEHA), employers face strict liability when a supervisor commits sexual misconduct. Strict liability means the employer is responsible regardless of whether management knew.
The law treats supervisors as extensions of the employer because of the power they hold over schedules, evaluations, and career advancement.
In practice, a supervisor who uses their authority to isolate an employee, arrange private meetings, or create situations where assault occurs is acting within a power structure that the employer created. That power dynamic is precisely why FEHA assigns automatic liability.
Coworker Misconduct: Employer Negligence
When a coworker commits an assault, the employer may be liable if it knew or had reason to know about the conduct and failed to respond. If you reported escalating behavior and the company took no corrective action, that inaction may support a negligence claim.
For example, if a coworker made increasingly aggressive physical contact over several weeks, other employees noticed, and management did nothing after being told, the employer's failure to intervene becomes part of the legal claim.
Negligent Hiring, Supervision, and Retention
California common law also creates liability when an employer hired someone with a known history of misconduct, failed to supervise adequately, or retained an employee after learning about dangerous conduct.
An employer that skipped background checks, ignored prior complaints at a previous job, or reassigned rather than terminated someone with a documented history of inappropriate conduct may face additional claims.
These claims exist separately from FEHA and may expand the damages available.
Ask Greenberg Gross LLP
Q: Does workplace sexual assault have to happen in the office?
A: No. California law covers conduct connected to the employment relationship regardless of physical location. Assault at a work event, during travel, or at any setting tied to your job duties may support a legal claim.
Q: What is the difference between harassment and assault at work?
A: Harassment involves unwelcome verbal, visual, or non-physical conduct. Assault involves physical contact or coercion of a sexual nature. Both give rise to legal claims, but assault typically involves greater legal exposure for the employer and the individual responsible.
Q: Do I have to report what happened to my employer before contacting a lawyer?
A: No. You are not required to report internally first. Speaking with an attorney allows you to understand your rights and evaluate the safest approach before deciding whether or how to report within the company.
Q: What if the person who assaulted me has already left the company?
A: Their departure does not eliminate the employer's legal responsibility. Liability under FEHA is based on the employer's conduct, including its knowledge, response, and failure to prevent harm. A claim against the employer may proceed regardless.
Q: What if I am not sure whether what happened qualifies legally?
A: That uncertainty is common and completely understandable. Many people contact an attorney precisely because they are unsure. A confidential conversation helps you understand where the legal line falls and whether your experience crosses it.
Q: What if my employer said it handled the situation internally?
A: An internal investigation does not prevent you from pursuing a legal claim. Employer-led processes represent the company's interests, and their conclusions do not bind a court or the CRD. Many successful claims involve situations where the employer claimed to have addressed the issue but took inadequate steps.
What Should You Do After Sexual Assault in the Workplace?
Taking any step after an experience like this is difficult, and nothing on this list is required. These are options that may help preserve your ability to take legal action later if you choose to do so. You do not need to have a plan or a timeline to start a conversation with an attorney.
Several practical steps may strengthen your position if you decide to move forward:
- Write down what happened, including dates, times, locations, and the names of anyone involved or present
- Save any communications, such as texts, emails, or messages from the individual or from supervisors who responded to reports
- Keep records of medical or counseling visits connected to the assault or its emotional impact
- Preserve internal complaints or HR correspondence documenting when you raised concerns and how the employer responded
- Note any changes in your work situation, including shifts in schedule, duties, evaluations, or treatment after the incident or after reporting
These steps are not prerequisites for legal action. They are tools that may make a claim stronger if you decide to pursue one. Even partial documentation helps an attorney evaluate your situation.
The most important thing is that you move at a pace that feels right for you. Some people contact an attorney within days. Others take months. Both approaches are valid, and filing deadlines in California provide time to make a considered decision.
What Compensation May Be Available for Workplace Sexual Assault?
Employees who pursue civil claims for workplace sexual assault may recover damages that reflect the full scope of harm caused. California places no cap on non-economic damages in employment cases under FEHA.
Financial Losses
Back pay covers wages and benefits lost due to the assault or its aftermath. Front pay addresses future income when returning to the same employer is not realistic. Gaps in health insurance, lost advancement opportunities, and job search costs may also factor in.
Emotional and Personal Harm
Non-economic damages account for anxiety, depression, PTSD, sleep disruption, and the impact on personal relationships. These damages recognize that workplace sexual assault affects far more than a paycheck or a career trajectory.
Punitive Damages and Legal Fees
When employer conduct is especially reckless or egregious, punitive damages may apply. FEHA also permits courts to award attorney's fees to the prevailing employee.
We fight for fair compensation that reflects what survivors have actually experienced. Call our Costa Mesa office at (949) 383-2800 to discuss the specifics of your situation.
How Long Do You Have to File a Workplace Sexual Assault Claim?
Filing deadlines depend on which legal path you pursue. Missing a deadline may permanently close off options.
FEHA Administrative Complaint
Under California Government Code § 12960, you generally have three years from the date of the assault to file a complaint with the California Civil Rights Department (CRD). The CRD issues a right-to-sue notice, and you then have one year to file a civil lawsuit.
Civil Claims Beyond FEHA
Separate personal injury or assault claims 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 the facts of your situation. An early conversation with an attorney clarifies which timelines apply.
Civil employment cases in Orange County proceed through the Orange County Superior Court in Santa Ana. Our Costa Mesa office handles filings in this jurisdiction regularly.
FAQs for Orange County Workplace Sexual Assault Claims
What if there were no witnesses to the assault?
Many claims proceed without eyewitness testimony. Medical records, communications before and after the incident, patterns of employer conduct, and your documented account may all support a case. The absence of witnesses does not prevent a claim from moving forward.
Can you file a civil claim even if no criminal charges were filed?
Yes. Civil and criminal cases are separate legal processes with different standards of proof. You may pursue a civil claim for compensation regardless of whether the district attorney files criminal charges.
What if your employer offered a severance or settlement agreement after the incident?
Signing an agreement may waive your right to pursue additional claims. Having an attorney review the terms before you sign protects your options. Many initial offers do not reflect the actual value of the claim.
Can you file a claim if you no longer work at the company?
Yes. Leaving the job does not eliminate your right to pursue a claim. In some cases, conditions may have become so intolerable that your departure qualifies as constructive termination under California law.
Do you have to go to court if you file a claim?
No. Most employment claims resolve through negotiation or mediation before reaching trial. We prepare every case with trial-level rigor, but that preparation frequently produces a resolution without the need for a courtroom proceeding.
Your Next Step Is a Private Conversation
Reaching out does not commit you to anything. It gives you clarity, information, and the ability to make an informed decision about what comes next. You control the pace and the direction.
Our attorneys have represented survivors in claims against individuals and institutions, recovering millions for those harmed by sexual misconduct. We bring over a decade of litigation experience and a commitment to treating every person we represent with dignity and respect.
Call (949) 383-2800 or contact us online to schedule a confidential consultation at our Costa Mesa office.