New York Workplace Sexual Assault & Harassment Lawyer
Have you experienced sexual assault or abuse?
Helping Survivors can connect you with an attorney if you may have a case. While we cannot report a crime on your behalf, your safety is important. Please contact your local authorities for further assistance.
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Author: Kathryn Kosmides
Survivor Advocate
- New York has some of the strongest laws and reporting options for those impacted by workplace sexual assault.
- Speaking to an experienced workplace sexual assault lawyer as soon as possible is critical, as they can help preserve and protect your rights, whether reporting to HR or pursuing a claim.
- The process to file a workplace sexual assault lawsuit has many steps and can be complex – which is why having an experienced attorney is key.
Every New Yorker is legally entitled to a workplace free from discrimination, harassment, and sexual abuse. Unfortunately, employees still face these issues, whether perpetrated by co-workers, customers, or bosses.
Workplace sexual assault is a severe type of sexual harassment, 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. While most harassment generally involves non-physical acts, including verbal harassment, leering, and requests for sexual favors, sexual assault involves non-consensual physical acts of a sexual nature, ranging from inappropriate touching to rape.
A workplace sexual assault may also be accompanied by non-physical behaviors like inappropriate comments, a hostile work environment, or an offer of promotions in exchange for sexual acts. However, this behavior becomes sexual assault when it involves physical conduct, such as groping, non-consensual kissing, attempted rape, and other non-consensual sexual acts.
If the assailant was your boss or in a position of authority, it may be considered workplace sexual assault even if you believed you consented. Because of the inherent power dynamic, unfavorable workplace treatment and retaliation for rejecting advances are legitimate concerns. Thus, any “consent” may not have been freely given.
Your Rights as a Victim of Workplace Sexual Assault & Harassment in New York
Survivors deserve to understand their legal rights and options after experiencing workplace sexual assault or harassment. In New York, workers are protected by the New York State Human Rights Law and Title VII of the federal Civil Rights Act of 1964, both of which prohibit discrimination or harassment in the workplace based on sex. In general, you have the protected rights to do the following:
- Report the abuse to your company.
- Report the abuse to law enforcement.
- File a complaint with the New York State Division of Human Rights.
- File a complaint with the EEOC.
- Pursue a civil lawsuit for workplace sexual assault if eligible.
We recommend speaking with an experienced New York workplace sexual assault lawyer before pursuing any of these options. A skilled and experienced attorney can ensure you take the right steps while protecting your rights and preserving your legal options throughout the process.
Your ability to pursue these options may depend on various factors, including the civil and criminal statutes of limitations in New York, which impose deadlines for survivors to file civil lawsuits and prosecutors to file criminal charges. Even if the harm happened years ago, you may still have legal recourse–these deadlines have exceptions that often apply to workplace sexual abuse cases.
What if the Assault Happened Outside of Work Hours?
If workplace sexual assault occurs off the clock, you may still have a claim against your employer for failing to prevent it, even if it happens outside work hours or on off-site company events.
What to Expect When Filing a Workplace Sexual Assault Claim
To file a New York workplace sexual assault lawsuit, you must take specific steps and comply with certain procedures. The best way to fully understand the process and know what to expect is to work with a reputable law firm with extensive experience in such cases.
The law firm you work with should handle most of this process, but you may need to assist them, such as gathering evidence or giving a deposition. The law firm will draft the EEOC complaint, communicate with your employer or their legal counsel, negotiate a potential settlement, and represent you in all proceedings if the case goes to litigation.
You may still be able to file a New York workplace sexual assault lawsuit even under the following circumstances:
- The harm happened years ago.
- You got a new job and are no longer employed there.
- The employer conducted an internal investigation, but you believe it was insufficient.
- Your employer retaliated against you or failed to prevent further harm.
- The employer disciplined the perpetrator, but the harm continued.
- The perpetrator no longer works at the company, but the employer failed to act properly when you reported the conduct.
- The employer terminated you after reporting for something unrelated to your report.
The best thing you can do is to speak with an attorney experienced in workplace sexual assault cases as soon as possible.
How Long Do I Have to File a Claim?
Under federal law, you must file a charge with the EEOC within 180 days of the date of the workplace assault. However, this deadline is extended to 300 days if a state or local anti-discrimination law covers your charge. Thus, since the New York State Human Rights Law applies, survivors of workplace sexual assault and harassment generally have 300 days to file a complaint with the EEOC in New York.
Depending on the severity and nature of the abuse, you may have as few as three years or as long as 20 years to file a civil lawsuit.
Why Hire a Workplace Sexual Assault Lawyer?
An experienced New York workplace sexual assault lawyer will have the knowledge and skill to represent you in any actions you take against the perpetrator or your employer.
Many individuals who experience workplace sexual assault do not immediately look for criminal charges to be brought against the perpetrator or consider action against their employer. They generally just want a safe workplace and seek to prevent the perpetrator from further harming them or others.
While the first step in achieving this is generally reporting to HR and seeing how they respond, you should not do this alone. Even the questions they ask you or how they conduct their internal investigation could be against New York laws. An experienced New York workplace sexual assault attorney can do the following:
- Evaluate your case and advise you on your best legal options
- Help you file the initial complaint with HR
- Protect your rights during the internal investigation
- Ensure the employer takes the proper steps after receiving a report
- File a complaint with the NY Division of Human Rights
- File a complaint with the EEOC
- Assisting with the EEOC or NYDHR investigation, including collecting evidence
- File a New York workplace sexual assault lawsuit
- Represent you in all proceedings related to your claim
- Negotiate a settlement with your employer
The main goal of a workplace sexual assault lawyer is to protect your rights and pursue compensation or other remedies, such as reinstatement of your employment.
Employment cases, especially those involving workplace sexual assault, can be incredibly complex, and that’s why having the right representation matters. You want someone who will be a fierce advocate for you, yet understanding and empathetic to your needs after experiencing workplace sexual abuse.
How to Choose the Right Workplace Sexual Assault Lawyer in New York
Understanding how to choose the right lawyer is a difficult task for anyone, but it can be especially challenging for those who have experienced workplace sexual assault. You may not know what questions to ask, how to evaluate the attorney’s skill and experience, or how to know they’ll be a fierce advocate.
A credible New York workplace sexual assault attorney will generally offer you a free consultation to analyze the facts of your case and advise you of your options. In general, law firms that handle workplace sexual assault cases take them on a contingency fee basis. Under this arrangement, you will not pay any upfront costs for the firm’s representation. The firm only gets paid if and when it recovers compensation for you.
Sometimes, a law firm may ask you for an initial retainer and then take the case on a contingency fee basis once the EEOC process is complete. This can be because there is some risk that the EEOC will not issue a right-to-sue letter allowing you to pursue litigation. However, you may be able to find a different lawyer who will represent you completely on a contingency fee basis because each law firm has its own level of risk tolerance.
If you are looking for a lawyer for a workplace sexual assault claim, you have the right to speak to several attorneys and select the one you believe will best represent you.
What Compensation Can You Receive?
If you pursue a case for workplace sexual assault, whether through an EEOC complaint, an NYDHR complaint, or a civil lawsuit, the main potential outcome is financial compensation. You can generally pursue compensation for your damages, such as lost wages, lost employment opportunities, medical bills, therapy costs, pain and suffering, emotional distress, and more.
The value of a workplace sexual assault claim depends on several contributing factors, including the nature and severity of the harm, how often the conduct occurred, the extent of the employer’s failures, the level of retaliation, available evidence, the size of the employer, and more.
The EEOC provides data regarding the workplace sexual harassment claims it handled. From 2018 through 2021, the EEOC recovered $299.8 million for individuals who brought sexual harassment claims, whether through resolved charges or litigation. These recoveries benefited 8,147 people, equal to an average of $36.798.82 per claim. However, this data does not include the many workplace sexual assault claims that were settled outside the EEOC process.
How Long Do I Have to File a Claim?
Under federal law, you must file a charge with the EEOC within 180 days of the date of the workplace assault. However, this deadline is extended to 300 days if a state or local anti-discrimination law covers your charge. Thus, since the New York State Human Rights Law applies, survivors of workplace sexual assault and harassment generally have 300 days to file a complaint with the EEOC in New York.
Depending on the severity and nature of the abuse, you may have as few as three years or as long as 20 years to file a civil lawsuit.
Helping Survivors is Here For You
Experiencing workplace sexual assault can be an incredibly traumatizing experience that completely eradicates your trust in the world around you. You deserve to be listened to, understand your rights and options, and receive compassionate support in your decisions, and Helping Survivors can help.
Each year, Helping Survivors helps hundreds of individuals impacted by workplace sexual harassment or assault find support and seek justice. We can help you understand your options, connect you with our partner law firm, Meirowitz & Wasserberg, for a free consultation, and refer you to other resources for support. We want to make the process of moving forward easier for anyone impacted by sexual abuse or harassment, and our legal partners share that goal.
If you have experienced workplace sexual assault and have questions or want to speak with a lawyer, contact us today.
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