At Greenberg Gross LLP, our San Francisco workplace sexual assault lawyers represent employees and other individuals who have experienced sexual assault connected to their workplace. Our attorneys investigate the conduct, the circumstances surrounding it, the employer’s response, and any retaliation or adverse treatment that followed a report.
Sexual assault at work can create difficult questions about safety, reporting, confidentiality, continued contact with the person responsible, and the survivor’s career. Our San Francisco employment sexual assault attorneys can identify the legal claims that may apply and pursue accountability from responsible individuals or organizations when supported by the evidence.
Start your journey towards justice today by scheduling your free claim consultation
Table of contents
- What Is Workplace Sexual Assault?
- Are Workplace Sexual Assault and Sexual Harassment the Same?
- Who Can Be Responsible for Sexual Assault Connected to the Workplace?
- What Did the Employer Know Before the Assault?
- What Should an Employer Do After Receiving a Report?
- A Simple HR Investigation Is Not Necessarily Enough
- What If the Person Who Assaulted You Was Your Supervisor?
- Can Your Employer Retaliate Against You for Reporting Workplace Sexual Assault?
- Who Bore the Consequences After You Reported the Assault?
- What Evidence Can Be Important in a Workplace Sexual Assault Case?
- Do You Have to Report Workplace Sexual Assault to HR Before Contacting an Attorney?
- Do You Have to File a Police Report After Workplace Sexual Assault?
- Civil and Employment Claims May Overlap After Workplace Sexual Assault
- Greenberg Gross LLP Offers Extensive Experience Pursuing Sexual Abuse Claims and Institutional Accountability
- How Long Do You Have to File a Workplace Sexual Assault Claim?
- What Compensation May Be Available in a Workplace Assault Case?
- Frequently Asked Questions About Workplace Sexual Assault in San Francisco
- Speak With the San Francisco Workplace Sexual Assault Lawyers at Greenberg Gross LLP to Learn More
What Is Workplace Sexual Assault?
Workplace sexual assault in California generally involves nonconsensual sexual contact or physical sexual conduct occurring in connection with employment. Depending on the circumstances, it can support criminal charges, civil claims against the person responsible, as well as potential employment or other claims involving an employer or organization.
California’s employment protections recognize that physical conduct can constitute unlawful sexual harassment. The California Civil Rights Department (CRD) identifies physical touching and assault among conduct that may constitute sexual harassment.
The claims available depend on what happened, where and how the conduct occurred, the relationship between the parties, and the actions of an employer or other potentially responsible organization.
Are Workplace Sexual Assault and Sexual Harassment the Same?
No. Sexual harassment is a broader category of prohibited workplace conduct and does not necessarily involve physical contact. It can include unwanted sexual advances, verbal or visual sex-based conduct, quid pro quo demands, and hostile work environment harassment.
Sexual assault can also constitute sexual harassment when it occurs in an employment context. California law recognizes that a single act of harassment can potentially be sufficiently severe to violate the law, depending on the circumstances.
Employees dealing with other forms of inappropriate sex-based conduct can learn more from our San Francisco workplace sexual harassment lawyers. Our team can review your situation and explain the employment protections that may apply to your circumstances.
Who Can Be Responsible for Sexual Assault Connected to the Workplace?
The person responsible does not have to be a direct supervisor. Depending on the circumstances, workplace sexual assault could involve:
- A supervisor, manager, or executive;
- A coworker;
- A customer or client;
- A vendor or contractor;
- Another individual encountered through work.
Employer responsibility is a separate legal question. California law applies different standards depending on factors such as whether the person engaged in harassment was a supervisor, coworker, or nonemployee.
Our attorneys examine the relationship among the parties, how the interaction was connected to work, what authority the person responsible possessed, and what the employer knew or should have known to determine which laws may apply.
What Did the Employer Know Before the Assault?
Investigating workplace sexual assault does not necessarily begin on the date the assault occurred. In some cases, we need to determine whether warning signs or earlier reports existed.
Our San Francisco workplace sexual assault lawyers may investigate whether:
- Employees previously reported harassment or inappropriate conduct,
- HR or management received complaints involving the same person,
- Supervisors observed concerning behavior,
- Earlier reports resulted in meaningful corrective measures.
Prior complaints do not automatically establish liability for a later assault. They can, however, provide important evidence about whether an employer had notice of concerning conduct and how responsible personnel responded.
California employers have an affirmative duty to take reasonable steps to prevent and promptly correct discriminatory and harassing conduct. You may not know whether someone has previously complained about the same individual, but we can help you find out.
Call Greenberg Gross LLP at (415) 426-6366 to speak confidentially with one of our San Francisco workplace sexual assault lawyers about what happened and what evidence may warrant further investigation.
What Should an Employer Do After Receiving a Report?
An employer’s response after learning of potential sexual harassment or assault can become an important part of the legal analysis. Our attorneys examine the sequence from the initial report through the employer’s eventual response:
Report → immediate response → investigation → protective measures → findings → corrective action → subsequent treatment of the reporting employee
The details matter. Did responsible personnel respond promptly? Was relevant evidence preserved? Were appropriate measures taken while the allegations were investigated? Did the employer take corrective action supported by the circumstances?
The existence of an anti-harassment policy alone does not answer these questions. Our lawyers examine how the employer’s procedures actually operated when a serious complaint was made.
A Simple HR Investigation Is Not Necessarily Enough
An employer may respond to a legal sexual assault claim by pointing out that Human Resources conducted an investigation. Our attorneys look beyond the existence of that investigation to determine what it actually involved.
We may examine who was interviewed, which records were reviewed, whether investigators pursued conflicting evidence, whether important witnesses or information were overlooked, and what happened after the investigation concluded.
CRD guidance calls for complaint procedures providing prompt, thorough, and fair investigations and appropriate remedial action. Not every disagreement with an investigation’s outcome establishes a legal violation, but the substance of an employer’s response can matter considerably.
If your employer says it investigated, but you still have serious concerns about how your report was handled, contact the workplace litigation lawyers at Greenberg Gross LLP for a confidential consultation. Our attorneys can evaluate your employer’s response as part of the broader circumstances surrounding your claim.
What If the Person Who Assaulted You Was Your Supervisor?
A supervisor’s role can affect both the circumstances surrounding the misconduct and the legal analysis. Supervisors may possess authority over assignments, evaluations, compensation, advancement, discipline, or termination.
California harassment law also distinguishes supervisor harassment from certain other forms of workplace harassment. The CRD explains that employers are liable for harassment by supervisors or agents, while different standards can apply to conduct involving coworkers and nonemployees.
Our attorneys examine the perpetrator’s actual authority, their influence over employment decisions, and the organization's response to the reported conduct.
Can Your Employer Retaliate Against You for Reporting Workplace Sexual Assault?
California law protects employees from unlawful retaliation for engaging in protected activity, including reporting conduct that they reasonably believe constitutes unlawful harassment or discrimination. Potential retaliation can include discipline, lost assignments, reduced hours, exclusion from opportunities, demotion, or termination.
Our team won’t simply take your employer’s word for what happened. We examine who knew about the report, when the adverse action was considered, and whether your employer’s stated reason is supported by contemporaneous records.
Who Bore the Consequences After You Reported the Assault?
Employers sometimes need to separate individuals or make other workplace adjustments while investigating serious allegations. The practical effect of those decisions deserves attention.
Did you lose desirable shifts or important assignments? Were you transferred while the accused person remained in place? Did your responsibilities or advancement opportunities disappear after the report?
Not every reassignment or workplace change constitutes retaliation. Immediate safety concerns, the employee’s preferences, and legitimate business considerations can matter. But measures described as “protective” deserve closer examination when they effectively disadvantage the person who reported the conduct.
If your career or working conditions suffered after you reported a sexual assault, call Greenberg Gross LLP at (415) 426-6366. One of our attorneys can evaluate both the underlying misconduct and the aftermath.
What Evidence Can Be Important in a Workplace Sexual Assault Case?
The available evidence varies from case to case. Attorneys may examine messages, emails, workplace communications, contemporaneous reports, HR records, witness information, schedules, security or access records, and documents showing what occurred after a complaint. Earlier reports or other evidence of the employer's knowledge can also be important when evaluating potential organizational responsibility.
Survivors should preserve relevant materials they are lawfully entitled to possess. They do not need to confront the person responsible, question coworkers, or obtain restricted employer records before speaking with an attorney. We can pursue additional evidence through formal legal procedures if the claim proceeds.
Do You Have to Report Workplace Sexual Assault to HR Before Contacting an Attorney?
You do not need to wait until an internal workplace process is complete before speaking with our attorneys about your legal options. We can explain your options and what to expect if you talk to us before approaching HR.
Whether internal reporting is required or legally significant depends on the claims, circumstances, applicable policies, and parties involved. Our attorneys can also explain how reporting decisions may affect a potential case and help you understand your options before you decide how to proceed.
If you have broader employment law issues, including questions involving workplace discrimination and retaliation, reach out to our San Francisco employment lawyers today.
Do You Have to File a Police Report After Workplace Sexual Assault?
A survivor does not necessarily have to file a police report before speaking with an attorney or exploring potential civil claims. Criminal proceedings and civil litigation are separate processes with different purposes, procedures, and standards.
Whether a law enforcement report affects a particular civil claim depends on the circumstances and legal theories involved. Do not assume that delaying or declining to make a police report automatically eliminates your civil legal options.
Civil and Employment Claims May Overlap After Workplace Sexual Assault
Workplace sexual assault can raise several distinct legal issues. Depending on the facts, a survivor may have potential civil claims against the person responsible, employment claims involving unlawful harassment or retaliation, or claims concerning an organization's own conduct.
These claims can involve different defendants, legal standards, remedies, and filing deadlines. Our attorneys evaluate the complete circumstances to determine which claims are supported rather than treating every workplace sexual assault case solely as an employment dispute.
Greenberg Gross LLP Offers Extensive Experience Pursuing Sexual Abuse Claims and Institutional Accountability
Our attorneys have represented survivors in significant civil sexual abuse matters involving allegations of institutional responsibility. 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 Sacramento private school for sexual abuse by a teacher.
These were not workplace sexual assault cases, and every matter depends on its own facts. However, these results reflect our lawyers' experience developing serious sexual abuse claims involving both individual misconduct and questions about an institution's responsibility.
How Long Do You Have to File a Workplace Sexual Assault Claim?
There is no single filing deadline that applies to every workplace sexual assault case. The applicable time limit depends on the claims, parties, and circumstances.
For example, employment claims under California's Fair Employment and Housing Act generally require filing an administrative complaint with the California Civil Rights Department (CRD) before a civil lawsuit may proceed. In most cases, the CRD complaint must be filed within three years of the alleged unlawful practice.
Other civil claims arising from an assault can have different limitations periods. Because multiple deadlines may apply to the same events, speaking with an attorney promptly can help determine which time limits govern your potential claims.
What Compensation May Be Available in a Workplace Assault Case?
No financial recovery can undo the harm caused by sexual assault. Civil remedies instead seek to address legally compensable consequences and hold responsible parties accountable.
Depending on the claims and evidence, potential damages can include medical and counseling expenses, lost earnings and employment benefits, emotional distress, and other allowable losses. Punitive damages may also be available against appropriate defendants when the legal requirements are satisfied, and certain employment claims can permit recovery of attorneys’ fees and costs.
Start your journey towards justice today by scheduling your free claim consultation
Frequently Asked Questions About Workplace Sexual Assault in San Francisco
Can I have a claim if the person responsible was a customer or client?
Potentially. California workplace harassment protections can extend to misconduct by nonemployees. Employer liability depends on the circumstances, including whether the employer knew or should have known about the conduct and failed to take appropriate corrective action.
What if the assault happened during a business trip or work event?
Conduct does not necessarily have to occur inside an office to have a sufficient connection to employment. We can examine why the individuals were together, whether the event or travel was work-related, and the surrounding circumstances.
Can I pursue a claim if I no longer work for the employer?
Potentially. Leaving the workplace does not necessarily eliminate claims arising from earlier unlawful conduct. Applicable filing deadlines still matter, however.
Will I have to publicly discuss everything that happened?
Civil litigation can involve court filings, discovery, depositions, and potentially a trial. Some information can become part of a public record, while protective orders, confidentiality rules, or other procedures may apply in certain circumstances. Our attorneys can explain what privacy protections may realistically be available.
Speak With the San Francisco Workplace Sexual Assault Lawyers at Greenberg Gross LLP to Learn More
Deciding whether to pursue legal action after workplace sexual assault is deeply personal. You do not need to identify every potentially responsible party, obtain your employer's internal records, or decide whether you want to file a lawsuit before seeking legal advice.
Our San Francisco workplace sexual assault lawyers can listen to what happened, identify the legal issues that require further investigation, and explain your options so you can make informed decisions about how you want to proceed.
Call the Greenberg Gross LLP team at (415) 426-6366 or contact us online to schedule a confidential consultation with a San Francisco workplace sexual assault lawyer today.