San Jose Workplace Sexual Assault Lawyer

Sexual assault at work is never the survivor's fault, and it is never simply a private matter between two people. When it happens on the job, the employer often had the power to prevent it, and the law can hold that employer accountable. A San Jose workplace sexual assault lawyer can help you understand what your employer owed you and what it failed to do.

Greenberg Gross LLP represents survivors across San Jose and Santa Clara County in claims against the companies that hired, kept, or protected the people who harmed them. We move at your pace, we keep your privacy at the center of every decision, and we prepare every case as if it will be tried.

Call (415) 426-6366 for a free consultation. Our nearest office is in San Francisco, and you can reach our team 24/7.

When Is an Employer Responsible for Sexual Assault at Work?

An employer can be legally responsible for a workplace sexual assault when the person who committed it was a supervisor, or when the employer knew or should have known of the danger and failed to act. California's Fair Employment and Housing Act (FEHA) treats sexual assault as an extreme form of sexual harassment, and it applies to employers of any size.

The rules depend on who committed the assault:

• A supervisor or manager. An employer is generally strictly liable for sexual harassment by a supervisor, which means it can be responsible even if no one reported the conduct beforehand.
• A coworker. An employer is liable when it knew or should have known about the harassment and failed to take immediate and appropriate corrective action.
• A client, vendor, or customer. The same knew-or-should-have-known standard generally applies to people outside the company whom the employer allowed into the workplace.

The person who committed the assault can also be held personally responsible. California law allows survivors to bring claims directly against the individual, including for sexual battery, alongside claims against the employer.

California law also requires employers to take reasonable steps to prevent harassment. A company that ignored warning signs, skipped training, or had no working reporting system may be liable for that failure as well.

How Our Workplace Sexual Assault Attorneys Support Survivors

Survivors often tell us their greatest fear is losing control over their own story. Our role is to give that control back, while bringing the full weight of a trial firm to bear on the employer.

Greenberg Gross was founded in 2013 by Alan Greenberg and Wayne Gross, who came from a global law firm. Here is what you can expect from us:

• Respect for your pace. You decide what to share and when. We explain every step before it happens.
• Trial-ready advocacy. Our attorneys, including Brian Williams, prepare cases for a jury, which is often what moves an employer to take responsibility.
• Resources for serious cases. With 13 offices across seven states, we can take on large employers, their insurers, and their defense firms.
• Recognized lawyers. Our attorneys have earned Super Lawyers selection, AV Preeminent ratings from Martindale-Hubbell, ABOTA membership, and Daily Journal Top 100, Top Plaintiff, and Top Labor & Employment honors.

The first conversation is free, and there is no obligation to move forward. When you are ready, call (415) 426-6366.

Negligent Hiring, Retention, and Supervision

Many workplace sexual assault cases turn on what the employer knew about the person who caused the harm. An employer can be liable for negligence when it hired, kept, or supervised someone it knew or should have known posed a risk to others.

Negligent hiring can arise when a company skips reasonable background checks for a role with access to vulnerable coworkers or clients. Negligent retention arises when an employer learns of earlier misconduct and keeps the person in place anyway.

Negligent supervision focuses on what the company did after hiring. Leaving a person with known complaints in a position of authority, allowing unsupervised access to isolated work areas, or failing to monitor conduct at off-site events and travel can all support a claim.

These negligence claims matter because courts often find that a sexual assault falls outside the ordinary scope of a person's job. FEHA and negligence claims focus instead on the employer's own choices, which is where accountability belongs.

When an Employer Ignored Earlier Complaints

Some of the strongest cases involve an employer that had already been warned. A prior complaint, a quiet transfer rather than discipline, or a confidential settlement with an earlier survivor can indicate that the company understood the danger and chose not to act.

Evidence of that history is often held by the employer. Through discovery, we can seek investigation files, HR records, prior complaints, and communications among managers about the person who caused the harm.

California has also recognized that cover-ups deserve special attention. A recent change to the law reopened certain older claims against private employers that concealed earlier allegations.

How Long Do You Have to File a Workplace Sexual Assault Claim?

The deadline depends on the type of claim, and survivors often have more time than they expect. Under Code of Civil Procedure section 340.16, a civil claim for sexual assault of an adult generally must be filed within 10 years of the last act, or within three years of discovering an injury caused by the assault, whichever is later.

A FEHA sexual harassment claim follows a different path. Employees generally must file a complaint with the California Civil Rights Department within 3 years and typically have 1 year after receiving a right-to-sue notice to file a lawsuit.

California also opened a temporary window for some older claims. Through December 31, 2027, survivors may be able to bring certain otherwise time-barred claims against private entities that engaged in a cover-up of earlier sexual assault allegations. Eligibility depends on specific requirements, so an attorney should review the timeline.

Can Your Employer Force Your Case Into Arbitration?

Generally, no. The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act allows survivors to choose court instead of arbitration for sexual assault and sexual harassment claims, even if they signed an arbitration agreement when they were hired.

That choice belongs to the survivor. Some prefer the privacy of arbitration, while others want the public accountability of a courtroom and a jury.

The law has limits, and employers sometimes argue that related claims should still go to arbitration. We evaluate the agreement and the claims together before recommending a path.

Will a Settlement Require You to Stay Silent?

California restricts confidentiality provisions in settlements involving sexual assault and sexual harassment. Under Code of Civil Procedure section 1001, a settlement agreement generally cannot prevent disclosure of factual information about these claims once a case has been filed.

A survivor can still ask to keep their own identity confidential, and the amount of a settlement can often remain private. Those decisions are yours to make.

Federal law adds protection for agreements signed before a dispute arises. The Speak Out Act generally makes nondisclosure and nondisparagement clauses unenforceable in sexual assault and sexual harassment disputes when the clause was signed before the dispute began.

Protecting Your Privacy and Your Job

Many survivors are still working for the same employer when they first contact us. You have the right to report sexual assault and harassment without retaliation, and an employer that demotes, isolates, or fires you for reporting may face a separate retaliation claim.

California also provides job-protected time off for survivors of certain violent acts to seek medical care, counseling, legal help, or safety planning. Those protections appear in Government Code section 12945.8, and employers may also need to provide reasonable safety accommodations.

Privacy concerns shape how we build a case. In some circumstances, courts allow survivors to proceed without using their full names in public filings, and we discuss those options early on.

What a Civil Case Can Provide

A civil case can help a survivor obtain the resources needed to heal and rebuild. Depending on the claims, that can include compensation for counseling and medical care, lost wages and career harm, and the emotional toll of what happened.

Punitive damages may be available when an employer acted with malice, oppression, or fraud, such as knowingly protecting a person with a history of assault. Each case depends on its own facts, and past results do not predict future outcomes.

For many survivors, the case is about more than compensation. It is about being believed, about accountability for the people who looked away, and about making the workplace safer for whoever comes next.

FAQs Answered by Our San Jose Workplace Sexual Assault Lawyer

These are answers to questions survivors in San Jose often ask when deciding whether to take legal action.

Talk With a San Jose Workplace Sexual Assault Lawyer

What happened to you matters, and so does what your employer did or failed to do. When you are ready, a free conversation with Greenberg Gross can help you understand your options without any pressure to decide.

We represent survivors throughout San Jose and Silicon Valley, with our nearest office at 101 Montgomery Street, Suite 900, in San Francisco. Call (415) 426-6366 or contact us online when you are ready to talk.