Sex Assault in the Workplace

Reporting Sexual Assault by a Supervisor: Legal Options in NY and NJ

Sexual assault by a supervisor is one of the most serious workplace violations an employee can face. It also triggers a distinct set of legal protections. Employer liability rules treat supervisor misconduct differently from coworker misconduct, and understanding these differences is essential to preserving a claim.

Supervisor liability is heightened

Under Title VII, an employer is strictly liable for supervisor harassment that culminates in a tangible employment action, such as termination, demotion, or reassignment. Where no tangible action occurs, the employer may still be liable unless it can prove it exercised reasonable care to prevent and correct the harassment and that the employee unreasonably failed to use those preventive measures. Both New York and New Jersey state law extend similar or more protective standards.

Internal reporting

Most employers have an internal reporting policy in a handbook, code of conduct, or standalone harassment policy. Reporting the assault internally, in writing when possible, creates a documented record and often triggers the employer's obligation to investigate. Employees are not required to report to a person implicated in the misconduct. If the supervisor accused is the person named in the reporting policy, reporting to their supervisor, HR, or a designated alternative typically suffices.

External agency filings

Employees who report internally without adequate resolution, or who are unable to report internally without risk, can file with an outside agency:

The Equal Employment Opportunity Commission (EEOC) enforces Title VII and typically requires a charge within 300 days in New York and New Jersey.
The New York State Division of Human Rights enforces the New York State Human Rights Law. Filings are generally due within three years for harassment claims.
The New York City Commission on Human Rights enforces the New York City Human Rights Law.
The New Jersey Division on Civil Rights enforces the New Jersey Law Against Discrimination, with a 180-day filing deadline.

Preserving evidence

Before filing, employees should preserve any evidence they have: text messages, emails, voicemails, calendar entries, badge or access records, photographs, and the names of any witnesses. Personal devices are generally under the employee's control, but work devices and accounts belong to the employer and may not be accessible after termination.

Retaliation protection

Federal, state, and city law all prohibit retaliation against employees who report sexual assault or harassment in good faith. Retaliation includes termination, demotion, reassignment, exclusion, and less obvious adverse actions such as changed schedules or exclusion from meetings. A retaliation claim can be pursued even if the underlying harassment claim does not succeed.

Civil action against the supervisor

Employees are not limited to employment claims. The supervisor's conduct is also an assault and battery under civil tort law and may support claims for intentional infliction of emotional distress. These claims can proceed against the supervisor individually alongside employment claims against the employer, expanding the pool of available defendants and remedies.

At John J. Zidziunas & Associates, LLC, our employment lawyers represent workers subjected to sexual assault and harassment across New York and New Jersey. To discuss your situation confidentially, call us at (212) 516-1868 or contact us here. We represent employees on a contingency fee basis with free consultations.

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