New York Workplace Sexual Assault Lawyer
If you experienced workplace sexual assault in New York, you have legal rights and options, including reporting to the state and filing a civil lawsuit for monetary compensation.

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Author: Kathryn Kosmides
- 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 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 in New York can happen to anyone, although the most vulnerable individuals are often the most impacted. This could include young women, people of color, LGBTQ+ individuals, and those facing economic hardship.
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, leering, and requests for sexual favors. However, workplace sexual assault is a form of sexual harassment involving any non-consensual physical acts of a sexual nature, ranging from inappropriate touching to rape.
Workplace sexual assault includes the following behavior:
- Groping, fondling, or other inappropriate touching
- Non-consensual oral sex, whether giving or receiving
- Non-consensual kissing
- Rape or attempted rape
If you were under the influence of drugs or alcohol, you lacked the legal capacity to consent. 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, the “consent” may not have been freely given.
- Your Rights as a Victim of Workplace Sexual Assault in New York
- Why Hire a Workplace Sexual Assault Lawyer?
- What Compensation Can You Receive?
- How to Choose the Right Workplace Sexual Assault Lawyer in New York
- What to Expect When Filing a Workplace Sexual Assault Claim
- Helping Survivors is Here For You
- Want To Speak With A Lawyer?
Your Rights as a Victim of Workplace Sexual Assault in New York
Impacted individuals deserve to understand their legal rights and options after experiencing workplace sexual assault or harassment.
In general, your rights after workplace sexual assault include 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.
If you contact us, we can connect you with an experienced lawyer who can provide a free consultation to help you understand your rights and represent you should you choose to move forward and pursue a case.
Your ability to pursue these options may depend on various factors, including the civil and criminal statutes of limitations in New York. The statutes of limitation impose the deadlines for survivors to file civil lawsuits and prosecutors to file criminal charges. Even if the harm happened years ago, we recommend you still contact us. These deadlines have exceptions that often apply to workplace sexual abuse cases.
We are here to listen and advocate for you.

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 NY laws. For example, if they place you on leave or change your schedule, this could be seen as retaliation, and you may be able to pursue civil action.
An experienced New York workplace sexual assault attorney can do the following:
- Evaluating your case and letting you know of your best potential 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 if discriminated against for reporting
- Assisting with the EEOC or NYDHR investigation, including collecting evidence
- Filing a NY 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.
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, or reputational harm.
Calculating the value of a workplace sexual assault claim depends on several contributing factors, including the nature and severity of the harm, how often the harm 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. Please note the following statistics are related to the broader category of sexual harassment, which encompasses workplace sexual assault:
- Between 2018 and 2021, the EEOC received a total of 27,291 charges alleging sexual harassment, with 78.2 percent of the charges filed by women.
- Of the 27,291 sexual harassment charges filed, 43.5 percent included a retaliation charge filed concurrently with the harassment charge.
- From 2018 through 2021, The EEOC recovered $299.8 million for individuals who brought sexual harassment claims, whether through through resolved charges or litigation. These recoveries benefited 8,147 people, which equals an average of $36.798.82 per claim.
This data does not include the many workplace sexual assault claims that were settled outside the EEOC process. For example, once you report the assault, the company may immediately offer to settle the claim to avoid an EEOC investigation. Furthermore, the EEOC may decline to take action in many cases and issue a notice of the right to sue to the claimant, allowing the claimant to pursue a civil lawsuit on their own behalf.
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. However, it is especially challenging for those who have experienced workplace sexual assault. You likely don’t 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. Charging you for an initial consultation can be a major red flag.
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. Its fee will be a pre-agreed percentage of the settlement or judgment.
Lawyers take cases on a contingency fee basis because they believe they can get a substantial enough settlement or verdict to compensate for their time. Thus, if a law firm offers an hourly fee to represent you in a workplace sexual assault case, it is likely a red flag.
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 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 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 NY 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. Even if you’ve already taken some steps after a sexual assault, speak with an attorney immediately.
Helping Survivors is Here For You
Helping Survivors has helped hundreds of individuals impacted by workplace sexual harassment or assault over the last year. 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 whatever decisions you make.
We can help you understand your options, connect you with a law firm for a free consultation, and refer you to other resources, such as mental health support organizations. We want to make the process of moving forward easier for anyone impacted by sexual abuse or harassment, whether that’s answering your questions or ensuring you get quality legal representation from an attorney experienced in workplace sexual assault cases.
If you have experienced workplace sexual assault and have questions or want to speak with a lawyer, contact us today.
Want To Speak With A Lawyer?
