Can I Sue a Workplace for Sexual Abuse?

This content contains sensitive subject matter related to sexual abuse.

The workplace is supposed to be a safe place where you can focus on your job without the threat of abuse or harassment. Unfortunately, sexual abuse and sexual harassment in the workplace are not uncommon. Even after reporting it to human resources, employers don’t always take the right steps to stop it.

You have legal options if your employer is not taking reports of workplace harassment seriously. You can report workplace abuse to the Equal Employment Opportunity Commission. Victims of abuse can also file civil claims to hold negligent employers accountable. If you have suffered workplace abuse, talk to a local sexual abuse attorney for legal advice.

Types of Workplace Sexual Abuse

Sexual abuse in the workplace can take many forms. Sexual abuse does not have to be physical. Sexual abuse can involve inappropriate comments, text messages, or even online communication of a sexual nature. Types of sexual harassment in the workplace can include:

• Inappropriate touching
• Unwanted sexual advances
• Touching the genitals, breasts, or buttocks
• Offering benefits in exchange for sexual favors (quid pro quo)
• Hostile work environment

Sexual abuse in the workplace can happen between co-workers or come from bosses or supervisors. Most people think of sexual abuse as involving a male harasser and a female victim. But harassment can happen with any gender or sexual orientation and can cause a hostile work environment.

Sexual Harassment and Sexual Abuse

Sexual harassment and sexual abuse are different terms but can overlap. Sexual harassment generally refers to inappropriate sexual activities in the workplace. Sexual abuse is often physical but can include psychological abuse, threats of sexual assault, or blackmail threats involving sexual images or sexual activity.

How Can I Stop Sexual Abuse in the Workplace?

If sexual misconduct involves criminal abuse or assault, you should report the abuse to law enforcement. Abusers may face criminal charges for sexual abuse, and you may be able to get a restraining order to prevent any further contact.

Sexual abuse in the workplace should also be reported to your supervisor or human resources department. Employees are protected against sexual harassment by Title VII of the Civil Rights Act of 1964. Reporting abuse also puts the employer on notice of a possible sexual harassment claim if they don’t act to prevent further abuse.

Can I Sue My Employer for Sexual Harassment?

Employers have a duty to their employees to protect them from sexual abuse and sexual harassment on the job. If an employer knew or should have known about workplace abuse and failed to take action, the employer can also be liable for abuse committed by an employee.

Victims of sexual harassment may need first to try to resolve workplace sexual harassment through their company’s policies or through the EEOC. If the EEOC cannot resolve the sexual harassment case, you may be able to sue your employer through a civil lawsuit. In a civil lawsuit, your sexual harassment attorney may be able to recover back pay, damages for emotional distress, attorney fees, and punitive damages.

There may be a limited time to file a claim for sexual abuse or harassment in the workplace. According to the EEOC, you have 180 days to file a claim from when the harassment occurred. The first thing you should do is talk to an attorney with experience handling sexual abuse lawsuits to discuss your options.