At Greenberg Gross LLP, our Reno workplace sexual assault lawyers represent employees who have experienced sexual assault or serious sexual misconduct connected to their employment. Our attorneys investigate what happened, determine who was responsible, what the employer knew, how it responded, and whether the employee faced additional harm after reporting the misconduct.
Workplace sexual assault can create overlapping legal issues. A survivor may have employment claims involving sexual harassment or retaliation, a civil claim against the perpetrator, or other claims depending on the circumstances.
Greenberg Gross is a trial firm built for high-stakes disputes. We prepare every case as though it will go to trial, which gives us a strategic edge throughout the case. We are committed to treating survivors with the privacy, dignity, and compassion these cases require.
If you experienced sexual assault connected to your work, call (775) 519-4414 for a free, confidential consultation.
Table of Contents
- Table of Contents
- What Is Workplace Sexual Assault?
- Why Choose Greenberg Gross for a Reno Workplace Sexual Assault Case?
- Is Workplace Sexual Assault the Same as Sexual Harassment?
- Who Can Commit Sexual Assault in a Workplace Setting?
- Workplace Sexual Assault Cases Can Involve Three Different Timelines
- When Can an Employer Be Responsible for Workplace Sexual Assault?
- Can You Sue the Person Who Sexually Assaulted You?
- Do You Need a Police Report to Pursue a Workplace Sexual Assault Claim?
- What Happens After You Report Sexual Assault to Your Employer?
- What Evidence Can Help Establish a Workplace Sexual Assault Claim?
- How Long Do You Have to Bring a Workplace Sexual Assault Claim in Nevada?
- What Compensation May Be Available?
- Frequently Asked Questions About Reno Workplace Sexual Assault Claims
- Talk to the Reno Workplace Sexual Assault Lawyers at Greenberg Gross to Learn More
What Is Workplace Sexual Assault?
Workplace sexual assault involves nonconsensual sexual conduct connected to someone's employment. It does not have to occur inside an office or on company property. An assault during business travel, a conference, a company event, a client meeting, or another work-related interaction may also raise employment-related legal issues.
Our attorneys consider more than location. The relationships among the people involved, workplace authority, the reasons they were together, and the employer's connection to the circumstances can all matter.
Why Choose Greenberg Gross for a Reno Workplace Sexual Assault Case?
Greenberg Gross handles high-stakes litigation that requires careful factual development and thorough trial preparation. Our founders, Alan Greenberg and Wayne Gross, came from a global law firm, and our attorneys bring substantial litigation resources to cases involving powerful employers, institutions, and individuals.
Trial Lawyers for High-Stakes Cases
We prepare every case as though it will go to trial. In a workplace sexual assault matter, that can mean tracing what occurred before and after the assault, preserving evidence, identifying witnesses, examining the employer's response, and developing each viable legal theory.
Meaningful Results for Survivors
Our prior case results include a $6.4 million settlement with a school district for sexual abuse by an elementary school teacher and a $4.1 million settlement with a private school involving sexual abuse by a teacher.
These were sexual abuse matters, not workplace sexual assault cases. However, they demonstrate our attorneys' experience handling sensitive, high-stakes claims involving sexual misconduct and institutional responsibility.
Prior results do not guarantee a similar outcome. Each case must be evaluated based on its unique facts and circumstances.
Greenberg Gross attorneys have also received recognition from Super Lawyers, Martindale-Hubbell, the American Board of Trial Advocates (ABOTA), and the Daily Journal, including Top 100, Top Plaintiff, and Top Labor & Employment recognition.
Greenberg Gross LLP is ready to stand by your side
Is Workplace Sexual Assault the Same as Sexual Harassment?
Sexual assault and sexual harassment can overlap, but they are not identical.
Sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 (Title VII) and applicable Nevada employment law. It can include unwelcome sexual advances and other verbal or physical conduct based on sex when the conduct meets the applicable legal standard.
Sexual assault involves physical sexual misconduct without consent and can represent an especially severe form of sexual harassment. A single serious incident can have legal significance without a survivor showing a prolonged pattern of similar conduct.
Workplace sexual assault can also create claims outside of employment discrimination. For additional information, read our guide explaining what Reno employees need to know about workplace sexual assault.
Who Can Commit Sexual Assault in a Workplace Setting?
A perpetrator could be a supervisor, executive, coworker, client, customer, vendor, contractor, or anyone else encountered in the course of employment. That person's relationship to the employer can affect the legal analysis.
Under federal harassment law, for example, different liability standards can apply to misconduct by supervisors, coworkers, and nonemployees. The U.S. Equal Employment Opportunity Commission (EEOC) explains that an employer is automatically liable for supervisor harassment resulting in a tangible employment action, such as termination, failure to promote, or loss of wages.
Our attorneys identify the relationships involved rather than assuming that every workplace assault gives rise to the same claims against the same parties.
Workplace Sexual Assault Cases Can Involve Three Different Timelines
An attorney investigating workplace sexual assault may look well beyond the incident itself. Examining three periods can reveal important evidence about both the misconduct and the employer's potential responsibility.
Before the Assault
Did the employer have reason to know there was a problem? Prior complaints, reports to management, inappropriate messages, disciplinary issues, or other warning signs involving the accused person can become important evidence.
Not every case involves previous complaints. When warnings existed, however, our attorneys can investigate what management knew and how it responded.
During and Immediately After the Assault
Relevant evidence can include where the assault occurred, why the parties were there, communications before and after the incident, potential witnesses, security records, and reports the survivor made.
A survivor should not assume a case requires an eyewitness. Sexual misconduct frequently occurs without other people present, making the complete evidentiary record important.
After the Report
The employer's response creates another important record. Our attorneys can examine who received the complaint, what the employer investigated, whether evidence was preserved, and what corrective action followed.
We can also examine what happened to the survivor. A report of sexual misconduct should not become the basis of adverse treatment at work.
When Can an Employer Be Responsible for Workplace Sexual Assault?
An employer is not automatically responsible for every wrongful act committed by an employee. Liability depends on the circumstances and the legal theory involved.
Nevada Revised Statutes (NRS) § 613.330 prohibits covered employers from discriminating on the basis of sex in compensation and other terms, conditions, or privileges of employment. The Nevada Equal Rights Commission (NERC) identifies sexual harassment as one of the employment discrimination matters within its jurisdiction. Federal Title VII also prohibits sex-based discrimination and harassment.
Employer responsibility can depend on who committed the misconduct, whether a tangible employment action occurred, what management knew, and how the employer responded. A direct claim against the perpetrator and an employment claim against an employer can therefore arise from the same incident, while depending on different evidence and legal theories.
Can You Sue the Person Who Sexually Assaulted You?
Nevada law allows survivors to pursue civil claims directly against an alleged perpetrator. Nevada changed its civil sexual assault law in 2023. Under Senate Bill 129 (SB 129), a qualifying action for injuries arising from sexual assault may be brought against an alleged perpetrator or person convicted of the sexual assault at any time after the assault occurred. The legislation also applies retroactively to qualifying claims.
That rule should not be interpreted as eliminating deadlines for separate employment, retaliation, negligence, or other claims arising from the same events. Our attorneys can identify your potential claims and the requirements governing each during an initial consultation.
We can help determine the details of your case
Do You Need a Police Report to Pursue a Workplace Sexual Assault Claim?
A survivor should generally not assume that a police report is required before exploring civil or employment law options. Criminal prosecution, civil litigation, and employment discrimination proceedings are separate processes.
A decision not to immediately report an assault to law enforcement—or a prosecutor's decision not to pursue criminal charges—does not necessarily determine whether you have the right to bring a civil or employment claim.
What Happens After You Report Sexual Assault to Your Employer?
An employer's response can become an important part of the case. Attorneys may examine what information was gathered, whether witnesses were interviewed, whether evidence was preserved, and what action followed.
Another practical question is who experienced the consequences after the complaint was filed?
Separating employees while investigating serious allegations is not inherently retaliatory. But closer examination may be appropriate when the reporting employee loses desirable shifts, assignments, income, client relationships, or opportunities for advancement, while the accused person's work remains largely unchanged.
Nevada and federal employment laws also prohibit certain retaliation for protected activity involving employment discrimination. Depending on the circumstances, retaliation can include termination, demotion, discipline, undesirable reassignment, reduced hours, or other materially adverse treatment.
Our attorneys compare conditions before and after the report, what decision-makers knew, and the employer's stated reasons for subsequent decisions. Sexual misconduct can intersect with other forms of sex-based treatment. Learn more about gender discrimination in the Reno workplace and how our attorneys investigate those claims.
What Evidence Can Help Establish a Workplace Sexual Assault Claim?
Depending on the circumstances, relevant evidence can include:
- Emails, texts, and other communications
- Reports to Human Resources or management
- Witness information
- Schedules, access records, or available security footage
- Prior complaints involving the accused person
- Employer investigation materials
- Records showing post-report employment changes
Evidence can disappear over time. Employees should preserve materials they are lawfully entitled to possess, but should not access restricted systems or improperly take confidential employer information to build a case.
How Long Do You Have to Bring a Workplace Sexual Assault Claim in Nevada?
There is no single deadline for every workplace sexual assault case because the same incident can potentially create several legal claims. NERC currently states that an employment discrimination complaint generally must be filed within 300 days of the alleged violation. Federal administrative requirements can also apply.
Nevada's current law allows a qualifying civil sexual assault action to be commenced against the alleged perpetrator or convicted person at any time after the assault. Other claims can carry different deadlines.
Survivors should therefore not use the longest deadline associated with one claim as the deadline for every potential claim. We can explain your legal deadlines during our first meeting.
What Compensation May Be Available?
Potential remedies depend on the claims and harm involved. They can include lost wages and benefits, compensation for qualifying emotional harm, other compensatory damages, punitive damages when legally available, and attorneys' fees and costs may be authorized.
Claims against a perpetrator and employment claims against an employer can provide different remedies. Our team can evaluate the available legal theories and explain the types of recovery you may be entitled to.
Frequently Asked Questions About Reno Workplace Sexual Assault Claims
Can I have a claim if the assault happened away from my workplace?
Potentially. An assault during business travel, a company event, a client meeting, or another work-related interaction may still have a significant employment connection. The location alone does not determine whether an employment claim exists.
What if I continued working with or communicating with the person afterward?
Continued professional interaction does not by itself determine whether an assault occurred. Employees may continue working or communicating with someone for many reasons, and the complete circumstances matter.
What if nobody witnessed the sexual assault?
An eyewitness is not necessarily required. Attorneys can evaluate communications, reports made to others, workplace records, witness observations before or after the incident, and other circumstantial evidence, along with the survivor's account.
Will my employer keep my complaint confidential?
Employees should not assume absolute confidentiality. An employer may need to share information with people involved in investigating or responding to the complaint. How the employer handled those disclosures can become relevant if additional workplace problems follow.
What if the person who assaulted me owns or runs the company?
Ownership, executive authority, or supervisory power can affect the legal analysis. Our attorneys can examine the individual's relationship to the business, the employment decisions they controlled, and which claims may be available.
Talk to the Reno Workplace Sexual Assault Lawyers at Greenberg Gross to Learn More
We understand how workplace sexual assault can affect a survivor's safety, career, income, and ability to continue working. When an employer's response compounds that harm, the legal issues can extend beyond the assault itself.
The Reno workplace sexual assault lawyers at Greenberg Gross LLP investigate the complete timeline: what occurred before the assault, what the employer knew, how it responded, and what happened to the employee afterward. When legal action is warranted, our attorneys are prepared to pursue the case with the trial-focused preparation serious claims demand.
Call Greenberg Gross LLP at (775) 519-4414 or contact us online for a free, confidential consultation. Our team is available 24/7 to answer your questions.