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Sex Assault in the Workplace

Representing employees subjected to sexual assault, unwanted touching, and related misconduct by supervisors, coworkers, or third parties on the job.
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The New Jersey Law Against Discrimination and Workplace Sexual Assault

The New Jersey Law Against Discrimination is one of the most protective employment statutes in the country. This post explains how it applies to workplace sexual assault and where it goes beyond federal law.

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Documenting Workplace Sexual Assault: A Practical Guide

Careful documentation strengthens every workplace sexual assault case. This post explains what to preserve, how to preserve it, and common mistakes that undermine otherwise strong claims.

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Hostile Work Environment Claims After Sexual Assault

A single act of sexual assault at work is generally severe enough to create a hostile work environment as a matter of law. This post explains how these claims work under federal, New York, and New Jersey law.

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NDAs and the Speak Out Act: What Employees Should Know

The federal Speak Out Act limits the enforceability of predispute non-disclosure and non-disparagement clauses in sexual assault and sexual harassment matters. This post explains what the law does and what it does not do.

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Retaliation After Reporting Sexual Assault at Work

Retaliation against employees who report workplace sexual assault is unlawful under federal, New York, and New Jersey law. This post explains what qualifies as retaliation, how to prove it, and what damages are available.

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Filing an EEOC Charge After Workplace Sexual Assault

Before filing a Title VII sexual harassment lawsuit based on workplace sexual assault, employees generally must first file a charge with the EEOC or a state fair employment agency. This post explains the process, deadlines, and strategic considerations.

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Sexual Assault by Clients, Vendors, and Customers: Third-Party Workplace Harassment

Employers can be liable for sexual assault committed by clients, vendors, or customers when they knew or should have known of the risk and failed to act. This post explains the third-party harassment framework.

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

Sexual assault by a supervisor triggers heightened employer liability under federal, New York, and New Jersey employment law. This post walks through internal reporting, external filings, and litigation options.

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Employer Liability for Sexual Assault by Coworkers

When a coworker sexually assaults an employee, the employer's liability turns on what it knew, what it did, and what it should have done. This post explains the negligence standard and how it applies in NY and NJ.

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Sexual Assault vs Sexual Harassment at Work: The Legal Distinction

Sexual assault and sexual harassment are not the same, though they often occur together in the workplace. This post explains where the line is, why it matters for legal strategy, and what claims are available for each.

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For a full overview of how these claims work, see our main practice area page on workplace sexual assault.

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If you believe you have a claim that requires legal professional care, please contact our Firm for a free consultation.

Frequently Asked Questions About Workplace Sexual Assault

What is the difference between sexual harassment and sexual assault at work?

Harassment often involves unwelcome words, images, or conduct, while assault involves non-consensual physical contact. The same incident can support both a harassment claim against the employer and assault and battery claims against the individual responsible.

Can my employer be held responsible for an assault committed by a co-worker?

Potentially yes. Employer liability generally turns on what the company knew about the risk and what it did in response. Where an employer ignored earlier complaints or failed to act on a known danger, it may share responsibility for what followed.

Does it still count if the assault happened off-site or after hours?

It can. Conduct at a work event, on business travel, at a client dinner, or on a job site may still be treated as work-connected. What matters is the relationship between the conduct and your employment, not simply where it happened.

Do I have to report to HR before taking legal action?

Not always, though reporting can matter for certain claims and can strengthen the record. If reporting feels unsafe, that is worth discussing before you act, because other routes may be available to you.

Can I be fired or punished for reporting an assault at work?

Retaliation for reporting is prohibited, and it can form a separate claim in its own right. If your hours, duties, reviews, or job status changed after you reported, that change is worth documenting and having reviewed.

Can I bring a claim against the individual as well as the employer?

Often yes. Claims against the individual and claims against the employer are distinct, can proceed together, and may offer different remedies. Which combination fits your situation depends on the facts.

Will pursuing a claim mean my employer and colleagues find out?

Not necessarily at the outset. Early conversations with a lawyer are confidential, and there are usually options for how and when a matter is raised. We can walk you through what each route would involve before anything is filed.

What should I do first after an assault at work?

Get to safety and seek medical care if you need it. Preserve messages, emails, and any record of what happened and who knew about it. Then speak with a lawyer before making decisions about reporting, resigning, or signing anything.