Workplace Sexual Assault and Harassment: Legal Options for Survivors

Experiencing sexual assault or harassment in the workplace is one of the most devastating violations an employee can endure. Beyond the physical and emotional trauma, these incidents can destroy a person’s sense of safety at work, jeopardize their career, and cause long-lasting financial strain. Unfortunately, despite strong laws designed to protect workers, sexual assault in the workplace still happens in California. Survivors often face not only the trauma of the assault itself but also the fear of retaliation or dismissal if they speak up.

At California Trial Law Group, we believe no employee should ever have to choose between their safety and their livelihood. Our attorneys are dedicated to guiding survivors through the legal system, holding perpetrators and employers accountable, and securing justice in the form of financial recovery and workplace protections.

Understanding Workplace Sexual Assault and Harassment

Sexual misconduct in the workplace exists on a spectrum. On one end, harassment may involve unwelcome comments, jokes, gestures, or repeated advances. On the other, it may escalate to sexual assault, which includes unwanted physical contact, coercion, or forced sexual acts.

California law recognizes both harassment and assault as violations of employee rights. The Fair Employment and Housing Act (FEHA) prohibits harassment on the basis of sex, gender, gender identity, or sexual orientation. At the federal level, Title VII of the Civil Rights Act of 1964 provides additional protections.

When misconduct crosses into physical assault, it is not only a workplace rights violation but also a criminal act. In these cases, survivors may pursue justice both in criminal court and through civil litigation.

Employer Responsibility and Liability

Employers in California have a legal duty to provide a safe workplace free from harassment and violence. When they fail to take reasonable steps to prevent or respond to sexual assault, they may be held liable.

Employers can be held responsible in several situations:

• Supervisor misconduct – If a manager or supervisor commits sexual assault, the employer may be strictly liable.
• Hostile work environment – If harassment or misconduct is widespread or tolerated, employers may face liability for failing to act.
• Negligent hiring or supervision – Employers who hire individuals with known histories of misconduct, or who ignore red flags, may be accountable for resulting harm.

Failure to take employee complaints seriously, inadequate training, or dismissing concerns as minor can expose a company to legal consequences.

Retaliation Against Survivors

One of the most significant fears survivors face is retaliation. Retaliation can take many forms: being demoted, reassigned, excluded from projects, unfairly disciplined, or even terminated after reporting misconduct.

California law strongly prohibits such retaliation. Under FEHA and the California Labor Code, it is illegal for an employer to punish an employee for reporting harassment, assault, or unsafe working conditions. Employees who suffer retaliation may have additional claims for damages, including lost wages and emotional distress.

Documenting retaliation—such as saving emails, texts, or performance reviews—can be crucial evidence in these cases.

Workers’ Compensation in Cases of Sexual Assault

In certain circumstances, workers’ compensation may cover workplace sexual assault. Survivors may be entitled to benefits for:

• Medical treatment, including physical injuries.
• Psychological counseling and therapy.
• Partial wage replacement during recovery.

However, workers’ compensation has limitations. It does not cover pain and suffering or punitive damages, and benefits may not fully reflect the profound personal impact of sexual assault. For this reason, many survivors pursue additional civil claims alongside workers’ comp.

Civil Lawsuits Beyond Workers’ Compensation

A civil lawsuit provides broader remedies than workers’ compensation alone. Survivors may file lawsuits against employers, coworkers, supervisors, or third parties who played a role in enabling the assault.

Civil claims can seek compensation for:

• Emotional distress and trauma.
• Past and future medical expenses.
• Lost income and diminished earning capacity.
• Punitive damages against negligent or reckless institutions.

By holding institutions accountable, civil lawsuits not only help survivors rebuild their lives but also encourage systemic change in workplace culture.

Steps to Take After Experiencing Workplace Sexual Assault

If you or someone you love has experienced workplace sexual assault, taking certain steps can help protect both your safety and your legal rights:

1. Report internally – Notify HR, a supervisor, or use a compliance hotline if available.
2. Seek medical care – Address immediate health needs and create a medical record of the assault.
3. Preserve evidence – Save emails, messages, clothing, or witness accounts.
4. Document retaliation – Keep notes on workplace treatment after reporting.
5. Contact an attorney early – An experienced lawyer can guide you through workers’ comp claims, civil lawsuits, and retaliation protections.

How California Trial Law Group Helps Survivors

At California Trial Law Group, we understand the unique challenges survivors of workplace sexual assault face. Our legal team provides compassionate guidance while aggressively pursuing justice. We:

• Help navigate workers’ compensation claims.
• Investigate potential civil lawsuits against employers or third parties.
• Stand up against retaliation and workplace discrimination.
• Negotiate with insurance companies to secure fair settlements.
• Prepare cases for trial when necessary to protect survivors’ rights.

Attorney Ike Kaludi and our experienced team have represented hundreds of individuals across California in sensitive and complex cases. We are committed to helping survivors heal by ensuring their voices are heard and their rights are upheld.

Conclusion

Workplace sexual assault and harassment should never be tolerated. Survivors deserve justice, safety, and compensation for the harm they have endured. While the path forward can feel overwhelming, legal protections exist—and you do not have to face this fight alone.

At California Trial Law Group, we are here to stand beside you every step of the way. If you or someone you love has been impacted by workplace sexual assault, contact us today to learn about your options and take the first step toward recovery and accountability.