More than 1,200 sexual assault survivors helped since 2023.
More than 1,200 sexual assault survivors helped since 2023.

Miami Workplace Sexual Assault Lawyer

A sexual assault in the workplace is a devastating traumatic event that can impact your life, job, and ability to trust others. Unfortunately, sexual assaults occur far too often in American workplaces but are rarely reported. If you have been sexually assaulted in a Miami workplace by a boss, co-worker, vendor, or customer, you have legal rights, including the option to file a civil lawsuit to pursue compensation for your suffering and hold the perpetrator accountable.

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Survivor Advocate
Key Takeaways
  • Workplace sexual assault is both a criminal offense and a civil matter. Victims can file lawsuits against both the perpetrator and, in some cases, their employer if the employer failed to prevent or address the assault. Employers may be held liable if they knew or should have known about the assault, failed to take action, or retaliated against the victim.
  • Federal (Title VII of the Civil Rights Act) and Florida state (FCRA) laws protect employees from workplace sexual assault. Victims must file administrative complaints within 300 days (EEOC) or one year (FCHR) before pursuing a lawsuit. These deadlines can be complex, so consulting a lawyer is advised.
  • Victims have access to local crisis centers, therapy, legal aid, and advocacy organizations in Miami, such as Miami-Dade County Victim Advocates Services and The Lodge in Miami. Additionally, Helping Survivors provides guidance, legal connections, and emotional support.

What is Workplace Sexual Assault?

Workplace sexual assault includes a broad range of actions and includes any non-consensual sexual contact or behavior occurring in the workplace. Workplace sexual assault is often confused with sexual harassment. Workplace sexual harassment is a form of employment discrimination that involves unwelcome conduct directed at a job applicant or employee based on a protected characteristic, such as gender or sexual orientation. Harassment generally involves non-physical acts, including verbal harassment or leering. However, harassment can also involve physical misconduct. Thus, the law treats workplace sexual assault as a form of sexual harassment involving any non-consensual physical acts of a sexual nature.

Behavior that constitutes a workplace sexual assault includes the following:

  • Rape
  • Attempted rape
  • Non-consensual sexual acts of any kind
  • Groping
  • Inappropriate touching
  • Non-consensual kissing

Anyone can be a victim of workplace sexual assault by a manager, another employee, a company vendor, or a customer. If you have been assaulted in the workplace, you have legal rights and options for pursuing justice. Workplace sexual assault is both a criminal offense and grounds for a civil action. Therefore, you may have multiple available paths to justice.

When is an Employer Liable?

In Miami, workplace sexual assault is a violation of both federal and state laws. Your employer is legally obligated to provide a safe workplace. They must take any reports of sexual assault seriously, investigate claims properly, remedy the situation, and not retaliate against the person who reported the assault.

Several situations provide grounds for a claim against your employer as well as the perpetrator, including the following:

  • The perpetrator is in a position of authority.
  • The employer knew or should have known about the harassment or assault but failed to act.
  • The workplace environment allowed for continued harassment or assault.
  • The employer retaliates against you or discourages you from reporting.
  • The employer failed to take reasonable steps to ensure a safe workplace.
  • The employer fails or refuses to investigate and address a report of an assault.

Courts can still hold an employer responsible even if the sexual assault occurs outside the office or off the clock. An employment relationship between the parties may be enough for the basis of a claim—especially if the conduct is severe, repetitive, or contributes to a hostile work environment.

Legal Protections for Survivors in Florida

If you or someone you know experienced sexual assault by a manager, employee, or customer at your workplace or a work event, you have legal protections to ensure your job is safe and the harm does not occur again.

Both federal and Florida law require your employer to provide a workplace free from sexual harassment and abuse. Workplace sexual assault is covered under federal law by Title VII of the Civil Rights Act of 1964. Under the Florida Civil Rights Act of 1992, or FCRA, victims of workplace sexual assault are allowed to file civil claims against their employer for failing to prevent or address sexual assault. Florida law protects people from employment discrimination based on sex and other protected categories and gives everyone the right to a workplace free from sexual harassment and assault.

Statutes of Limitations

To pursue a civil claim for workplace sexual assault, you must file the claim by a certain deadline, depending on the statute of limitations that applies to your case. Civil claims brought under the FCRA must be filed with the Florida Commission of Human Relations, or FCHR, within one year of the assault. Alternatively, claims brought under the federal Title VII of the Civil Rights Act of 1964 must be filed with the Equal Employment Opportunity Commission, or EEOC, within 300 days of the incident.

These statutes of limitations can be complicated and have exceptions, so it can be beneficial to speak with a workplace sexual assault lawyer about the deadlines for your case.

Why Hire a Workplace Sexual Assault Lawyer?

Every survivor’s experience is unique, and what you choose to do after being assaulted is ultimately up to you. There is no right or wrong answer after experiencing harm. However, sexual assault victims in Florida are legally entitled to seek justice against the person who committed the assault and those who enabled it in both civil and criminal court. A trauma-informed workplace sexual assault lawyer can advise you of all your options based on the facts of your case and empower you to seek justice and compensation if you choose.

An experienced attorney will listen to your story, help you document the incident, help you report it to human resources, and determine whether your employer responded appropriately to the complaint. If it did not, or if your employer does anything that doesn’t feel right, an attorney can empower you to move forward with a civil claim to compensate you for your suffering.

How to File a Civil Claim Against an Employer

Step 1: Document the Incident

After ensuring your physical safety, seek out a sexual assault forensic exam and prepare detailed notes about the assault, including the date, time, and location where it occurred, a description of the event, and the names of all perpetrators and witnesses. Preserve any evidence, such as emails, text messages, or witness statements, and take photos of any injuries you sustained.

Step 2: Report the Incident, If Safe to Do So

If you feel safe doing so, report the assault to your employer via human resources or the designated reporting system. Keep copies of all correspondence, both physical and digital. While reporting an assault to your company and/or the police is not legally required to file a civil claim, it may strengthen your case.

Step 3: File an Administrative Complaint

Before filing a lawsuit, you must first submit a complaint to either the EEOC or the FCHR. The agency will investigate your claim and attempt to negotiate a resolution. To file with the EEOC, visit the Miami EEOC office or file online within 300 days of the assault. To file with the FCHR, submit a complaint within a year of the incident.

Step 4: Pursue a Civil Lawsuit

Once you have filed an administrative complaint and the agency has investigated the claim, they will either resolve the case themselves or send you a notice of your right to sue. After receiving a “Right to Sue” letter from the EEOC or FCHR, consult an attorney to initiate a civil lawsuit.

Support for Survivors in Miami

You can always call the National Sexual Assault Online Hotline to chat with a trained staff member who can provide you with crisis support while maintaining your confidentiality. However, numerous local resources around Miami can assist you both legally and emotionally.

Local Resources for Emotional Support

The following organizations provide support to Miami area sexual assault survivors:

  • Miami-Dade County Victim Advocates Services: This office’s services include counseling and guidance through the legal process, liaising between survivors, community agencies, and the criminal justice system to ensure victims’ emergency needs are met.
    • Rape hotline: 305-585-7273
    • Special Victims Bureau email: svbinfo@mdpd.com
  • Local Crisis Centers: The Lodge in Miami is a nonprofit shelter that offers crisis intervention, survivor support, refuge, and service to victims of sexual assault and related crimes. Contact The Lodge by calling 305-667-2458 ext. 117 or emailing patricial@thelodgemiami.org.

Therapy and Counseling

Support Groups

A list of counseling resources and survivor-led support groups in Miami for workplace assault victims can be found here.

Helping Survivors is Here to Help

At Helping Survivors, our mission is to help heal, educate, and empower those impacted by sexual assault and abuse. Over the years, we’ve worked with hundreds of survivors of workplace sexual assault and harassment, helping them understand their rights and options and connecting them with experienced, trauma-informed lawyers.

If you or someone you know has been sexually assaulted in a Miami workplace, we can help. Contact us today for more information on your rights and resources.

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