Workplace Sexual Assault

Workplace sexual assault is sexual assault connected with employment: by a supervisor, coworker, customer, client, contractor or anyone else encountered through work, at a job site or at a work event or trip. It can give rise to several kinds of claims at once, including employment discrimination claims, injury claims and criminal charges. An employer can be responsible for its own failures, such as ignoring complaints, but it is not automatically liable for every assault by every person. Some deadlines, especially for agency charges, are short. A workplace assault attorney can help you understand your options and protect them.

Who and where workplace sexual assault can involve

Sexual assault connected with work can involve:

• A supervisor or manager
• A coworker
• A customer, client, patient or guest
• A contractor, vendor or someone from a staffing agency
• Anyone encountered through work, such as at a client site

It can happen at the workplace, in a company vehicle, at an employer-sponsored event, during business travel or at a work-related gathering. Where and when it happened can affect which laws apply.

Sexual assault compared with other workplace sexual harassment

Sexual assault is unwanted sexual contact. It is a crime and a personal injury. Sexual harassment is a broader category under employment law. The EEOC describes sexual harassment as including unwelcome sexual advances, requests for sexual favors and other verbal or physical harassment of a sexual nature1. A sexual assault at work can be both: a personal injury and a form of sex-based harassment. Harassment can also include conduct that is not physical, such as repeated comments that create a hostile work environment1.

When an employer may be responsible

Under federal employment law, employer responsibility for harassment depends on who did it2:

• By a supervisor, when it leads to a firing, demotion, failure to promote or lost wages: the employer is automatically liable.
• By a supervisor, when it creates a hostile work environment without such an action: the employer may avoid liability only if it shows it reasonably tried to prevent and promptly correct harassment, and the employee unreasonably failed to use those protections.
• By a coworker, or by a non-employee such as a customer or contractor: the employer is liable if it knew or should have known about the harassment and failed to take prompt and appropriate corrective action.

Title VII, the main federal law, applies to employers with fifteen or more employees3. Many state laws cover smaller employers. Injury claims under state law, such as negligent hiring, supervision or retention, can also apply.

Questions a review may look at include:

• Prior complaints about the same person, and what the employer did
• Whether the employer checked the person's background where the job called for it
• Supervision, staffing and policies for late shifts, travel and one-on-one settings
• How the employer responded after you reported, including any discipline or protective steps
• Whether you were treated differently after reporting

Retaliation protections

Federal law prohibits employers from retaliating against employees who oppose harassment or take part in a charge, investigation or proceeding4. The EEOC says protected activity includes complaining to a supervisor about harassment and answering questions in an employer investigation5. State laws add their own protections, with their own requirements and deadlines.

Internal complaints, agency charges, civil claims and criminal reports

These are separate paths. You can use any of them, more than one or none:

• Internal complaint: a report to HR, a manager or a hotline under the employer's policy. It can lead to an investigation and protective steps, and it can matter to the employer's legal defenses2.
• Agency charge: a charge with the EEOC or a state or local fair employment agency. For Title VII claims, filing a charge is required before suing6.
• Civil claim: a lawsuit for damages, which may include employment claims and injury claims against the person who caused harm or others.
• Criminal report: a report to police, which may lead to charges by a prosecutor.

An internal complaint does not pause agency deadlines. The EEOC says its deadlines generally are not extended while you try to resolve a dispute through an internal grievance, arbitration or mediation7.

Agency deadlines and court deadlines

Agency deadlines can be much shorter than court deadlines. Federal rules, verified on November 6, 2026:

• An EEOC charge generally must be filed within 180 calendar days of the discrimination, extended to 300 days where a state or local agency enforces a similar law78.
• After the EEOC issues a Notice of Right to Sue, a Title VII lawsuit must be filed within 90 days6.
• Federal employees and applicants generally must contact an agency EEO counselor within 45 days7.

Injury claims for the assault itself follow state deadlines. For example, Arizona generally allows two years for personal injury claims9, California generally allows adult sexual assault claims within 10 years of the last act or three years from discovery10, and Texas generally allows five years for claims based on sexual assault of an adult11. California's current revival window for older adult sexual assault claims also covers related wrongful termination and sexual harassment claims in some cases10.

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How workers' compensation rules may affect claims

In most states, workers' compensation is the exclusive remedy against an employer for most workplace injuries, which can limit injury lawsuits against the employer1213. Those rules have exceptions, and they differ by state. Arizona's exception covers injuries caused by an employer's wilful misconduct12. Arizona's rule also covers coworkers acting within the scope of their employment, except for wilful misconduct that is the coworker's personal act12. Whether these rules affect discrimination claims or claims against the individual depends on state law, so a review looks at how your state's workers' compensation law fits your situation.

Arbitration agreements and nondisclosure agreements

Many employees signed papers when they were hired without reading them closely. Two federal laws limit how some of those papers can be used:

• Arbitration: for sexual assault and sexual harassment disputes that arose or accrued on or after March 3, 2022, the person bringing the claim can choose not to be bound by a predispute arbitration agreement or class action waiver. A court, not an arbitrator, decides whether the law applies1415.
• Nondisclosure: for claims filed on or after December 7, 2022, nondisclosure and nondisparagement clauses agreed to before a sexual assault or harassment dispute arose are not judicially enforceable when the conduct is alleged to violate federal, tribal or state law1617.

These laws do not cover every agreement. The federal nondisclosure law covers only clauses agreed to before the dispute arose, so a confidentiality term in a later settlement is not covered by it16, and states have their own rules. Bring any agreement you signed to a review, or describe it if you do not have a copy.

Records that may help, gathered lawfully

You do not need any documents to ask for a review. Keep what you lawfully have, and do not take records you are not entitled to access, such as confidential company files or other employees' information. A lawyer can request employer records through the legal process.

Records that may be useful

Your own records

• Texts, emails or messages you sent or received
• A private, dated note of what you remember
• Your work schedule, pay stubs and any changes after you reported

Complaints and responses

• Any complaint you made and the employer's responses
• Agency charge numbers or letters
• Discipline or performance documents issued to you

People and agreements

• Names of witnesses or coworkers you told
• Your offer letter, handbook acknowledgment, arbitration agreement or NDA, if you have copies

If you still work there, forward messages only from accounts you are allowed to use, and follow your employer's lawful policies. A workplace assault attorney can help you decide what to keep and how.

Privacy when you contact us

You choose what to share. The form asks for your name, email and phone so we can reach you. The description box is optional, and you do not need to describe what happened in detail to ask for a review.

After you submit the form, a copy of what you sent is emailed to the address you enter. If someone else can read that inbox or your phone's messages, consider leaving the description blank, using an email address only you can access, or calling us instead. You can use the description box to tell us the safest way and time to reach you.

We treat what you share with care. Even so, information you send through a website or email is not the same as a privileged attorney-client communication, and submitting the form does not create an attorney-client relationship or guarantee representation.

What happens after you contact CBW Law

How a review works

1. You reach out

   Use the form or call. Share only what you are comfortable sharing. A short note, or none at all, is enough to start.

2. We talk at your pace

   We ask a few questions about where and when it happened and who was involved. You can skip any question.

3. We look at the law that applies

   We check the deadlines, the possible defendants and any notice or bankruptcy rules that may apply where it happened.

4. We explain your options

   We tell you what we found and what we did not find. Deciding whether to take any step is up to you.

No job requires you to accept sexual assault. Reporting it, or choosing not to yet, is your decision.

Plain English

Medical, Health & Insurance

Words you may see in employment, medical and court records.

Employment terms

EEOC charge

A formal complaint to the U.S. Equal Employment Opportunity Commission, required before a Title VII lawsuit6.

Notice of Right to Sue

An EEOC letter that starts a 90-day period to file a Title VII lawsuit6.

Predispute arbitration agreement

An agreement, often signed at hiring, to resolve future disputes outside court14.

Exclusive remedy

The rule in many states that workers' compensation replaces most injury lawsuits against an employer12.

Care after an assault

Medical forensic exam

An exam after a sexual assault that can treat injuries and collect evidence, done under state and local rules.

Post-traumatic stress disorder (PTSD)

A condition in which fear, stress or memories of a traumatic event continue long afterward and get in the way of daily life18.

Victim compensation

A state program that may repay some crime-related costs, such as medical care, counseling and lost wages19.

Records and insurance

Right of access

Your federal right to see and get copies of most of your medical and billing records20.

Psychotherapy notes

A therapist's separately kept notes about session content, which are treated differently from the rest of a medical record21.

Explanation of benefits (EOB)

A health plan statement listing what was billed, what the plan paid and what you owe. It can help confirm dates of treatment.

Questions

Frequently asked workplace sexual assault lawsuit questions

Short answers to questions workers ask. Every situation depends on its facts and the state where it happened.

What if I never reported to HR?

You may still have options. For supervisor harassment, whether you used the employer's complaint process can affect the employer's defense2, but not reporting does not end every claim. A workplace assault attorney can review the facts.

What if I left the job?

Leaving does not end your claims, but deadlines keep running. EEOC charges generally must be filed within 180 or 300 days7.

What if a customer committed the assault?

An employer can be liable for harassment by non-employees, such as customers, if it knew or should have known and failed to take prompt corrective action2. You may also have claims against the customer.

Can an arbitration agreement affect my options?

Possibly, but for sexual assault and harassment disputes that arose on or after March 3, 2022, you can generally choose not to be bound by a predispute arbitration agreement1514.

I signed an NDA. Can I still talk to a lawyer?

Generally, yes. For claims filed on or after December 7, 2022, predispute nondisclosure clauses are not judicially enforceable in sexual assault and harassment disputes1617. Bring the agreement to a review.

Does workers' compensation stop me from suing?

It may limit injury lawsuits against the employer in many states1213, with exceptions. How it affects other claims, including claims against the person who assaulted you, depends on state law.

Do I need a police report for a workplace sexual assault lawsuit?

No. A civil claim does not require a police report or criminal charge.

Can my employer retaliate against me for reporting?

Retaliation for complaining about harassment or taking part in an investigation is prohibited by federal law45.

Does contacting CBW Law mean I am filing a lawsuit?

No. It starts a conversation. It does not create an attorney-client relationship or guarantee representation.

Tell Us Your Story

If you were sexually assaulted by someone connected with your work, you can ask questions before deciding whether to report or file anything.

Tell us as much or as little as you want, and the safest way to reach you. Some deadlines are short, so it can help to ask early.

Submitting information does not establish an attorney-client relationship or guarantee that CBW Law will represent you. Every claim depends on its own facts and the law that applies.

Tell Us Your Story →Call (800) 476-2416

This page is general information, not legal advice. Reading it or contacting CBW Law does not create an attorney-client relationship. Allegations described here are allegations unless a court or agency has made a finding. Laws and deadlines differ by state and change over time; state-specific statements were last verified on November 6, 2026. No outcome can be promised in any case. If you are in immediate danger, call 911.