Trigger Warning: This page may contain content that is painful or upsetting if you have been sexually assaulted or have experienced sexual abuse. If you experience distress while reading the following content, you can reach a support specialist through the National Sexual Assault Hotline at (800) 656-4673.
Sexual Harassment And Assault Involving Employers
It’s not unreasonable to expect to work in an environment that is free from sexual harassment, yet many people are exposed to sexual harassment and even sexual assault in the workplace within the United States. In fact, more than 36,000 sexual assaults (including rape incidents) took place in American workplaces between 1993 and 1999, the most recent year for data, according to the National Sexual Violence Resource Center (NSVRC).
The overwhelming majority of sexual assault victims in the workplace are women (80%). While workplace sexual assault can involve coworkers, oftentimes these incidents are perpetrated by someone in a managerial position. The NSVRC highlights that people with low incomes or other financial barriers are at increased risk for sexual violence in workplaces or at school. For instance, one example of sexual assault is asking for or coercing sexual favors. A CEO or other executive could target an employee who is low-income, promising bonus pay, pay raises, or other forms of compensation in exchange for sexual favors.
Yet the consequences of such unethical arrangements can be vast. Sexual assault victims may be so distraught after the incident they could experience pain and suffering that causes them to miss work. They may experience post-traumatic stress disorder for years to come. Or, they may find it difficult to complete their job, eventually experiencing job loss or job change.
If you were promised job-related benefits or compensation in exchange for sexual favors for your boss, you are not alone and you have options. You don’t have to quit your job or face retaliation from your employer. Consider working with an experience sexual assault attorney to learn more.
What Is Considered Sexual Assault?
Sexual abuse and sexual assault can take on many forms, so it’s important to understand what is considered sexual assault before you report it to your employer or human resources department. An assault is any unwelcome form of physical contact, whereas sexual assault is unwanted or unwelcome sexual touching or sexual acts. Sexual assault from a boss could include:
- A nonconsensual, sexual act
- Fondling or touching you in a way that is unwelcome
- Forcing you into conduct of a sexual nature
- Sexual exposure of body parts
- Forced penetration of any of your body parts
- Coercion into sexual acts
Though sexual assault occurs in high numbers in the U.S., it is not legal. You don’t have to settle for an unsafe work environment. If you’ve faced unwelcome sexual advances at your job or from your boss, you can take action. Learn more by speaking with an experienced sexual harassment attorney.
The Difference Between Sexual Assault And Harassment
According to the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment includes “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” Common types of sexual harassment in the workplace include:
- Asking for sexual favors
- Implying, hinting at, or talking about sexual acts
- Making repeated sexual advances
- Sending text messages, social media message, emails, or other correspondence with sexual or explicit content
- Repeatedly calling an employee or coworker and making sexual threats, comments, or advances
- Denying a person a promotion or work project on the basis of sex or sexual orientation (sex discrimination)
- Denying a person a promotion or work project because the employee refused sexual favors or advances
- Making repeated comments about an employee’s appearance
- Making sexual jokes or innuendos
- Offering gifts that are sexual in nature
- Inappropriate touching that makes you feel uncomfortable: groping, touching your back or arm, grabbing your buttocks, hugging you, feeling your hand, and more
- Making inappropriate comments about sex or asking about your sex life
Workplace sexual harassment comes in many forms, and isn’t always straightforward. It can be verbal, non-verbal, or physical in nature. Essentially, any sexually related act that may be considered offensive or unwelcome by another reasonable person may be considered sexual harassment.
The consequences of this harassment can be far-reaching, from causing you to miss out on work to forcing you to quit your job or face working in an uncomfortable environment. If you’ve been a victim of sexual harassment or assault, and your HR department has not resolved it, take action now. Reach out to Florin | Roebig to learn how to get started.
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Types Of Sexual Harassment In The Workplace
Though harassment can take on many forms, most sexual harassment incidents fall into two main categories: quid pro quo and hostile work environment harassment.
Quid Pro Quo
Quid pro quo is a Latin phrase which translates roughly to “this for that.” Workplace harassment that is considered quid pro quo involves exchanging one thing for another.
For example, if your boss offers a promotion, a pay increase, or some other benefit in exchange for sex, this would be quid pro quo harassment. Similarly, if your CEO threatens a change in your condition of employment (i.e. that he or she will fire you) if you do not comply with sexual favors, this could be considered quid pro quo.
Hostile Work Environment
A work environment becomes hostile when you are unable to work due to repeated or continued sexual harassment. For instance, if you have made reports of sexual harassment by your boss and the behavior does not change or you experience retaliation, this is a hostile work environment. But it doesn’t have to go that far.
If you are anxious about attending work each day because your employer might make a pass at you, send you lewd work messages, or find reason to engage in physical contact, this could also be a hostile work environment. In order for a behavior to be considered harassment, it has to be severe, offensive, and/or frequent in nature.
Steps For Reporting Sexual Assault Involving The Boss
The first step in reporting sexual assault involving your boss, a manager, or another employee is to follow your company’s policy for sexual harassment complaints. This may involve documenting the incidents and bringing them to human resources, laying off all involved parties, or other actions.
All companies should have outlined and clear policies regarding sex discrimination and for how to report sexual harassment claims. You should follow the policy set by your HR department first. However, if the department fails to resolve your claim, doesn’t resolve it in a timely manner, or if you face retaliation, such as job loss or demotion, you may be able to file a sexual harassment claim with help from an employment lawyer.
During a free consultation with a lawyer, you can learn the next best steps to take. You may need to report the incident to police, if sexual assault was involved. Or, you may be ready to file a personal injury lawsuit to seek damages for any pain and suffering you have endured.
Will I Lose My Job if I Sue My Boss?
You do not necessarily have to lose your job if you sue your employer for sexual harassment or discrimination. This depends on your individual situation. Unfortunately, some employers retaliate to sexual harassment or discrimination claims by firing the employee.
Yet discrimination laws like the Title VII of the Civil Rights Act of 1964 protect you from employment discrimination on the basis of sex, race, color, religion, or national origin. You may have a case if you were fired after inappropriate comments about your race or religion.
The EEOC provides protection for employees in the United States from sexual harassment or assault, including the right to work in a non-hostile work environment. It also includes protection from job loss after reporting incidents of sexual harassment or assault, otherwise known as employer retaliation.
If your CEO fired you after making sexual advances or learning that you reported sexual advances, you may be able to file a lawsuit against them. A sexual harassment lawyer can advise you on whether you should quit your job while filing the claim.
Can I Sue the CEO for Sex Assault or Harassment?
You may be able to sue the CEO or your employer if they sexually assaulted you at work. This is different from pressing criminal charges against them. Criminal charges will be pursued by law enforcement if a crime took place. In other words, law enforcement may bring charges against the CEO or employer if they assaulted you. If convicted, they could face fines, jail or prison time, and other legal consequences.
In turn, you may be able to bring a civil lawsuit against your employer for pain and suffering or emotional anguish you suffered due to their sexual assault or harassment. For example, if you endured years of lewd remarks, unwelcome touching, and other sexual advances from your boss while employed, you may have a personal injury case for the trauma you experienced as a result. You may also be able to sue the company if their sexual harassment policy was ineffective, leading to your continued harassment or assault.
Personal injury lawsuits allow victims to file claims for compensation for an injury they experienced. Should you decide to file a personal injury claim, a sexual harassment attorney can help you determine who to name in the claim — the CEO, the company, or both.
Damages You May Recover in a Sexual Assault Claim Against the CEO
What types of damages you may be able to claim in a sexual assault case may depend on certain factors. Did you have to miss work while the case was reviewed by human resources, and were you paid for the time off? Did you have to seek medical attention or other health care as a result, including therapy or counseling sessions? Have you had continuous pain and suffering resulting from the assault, leading to damaging effects on your livelihood?
If you answered ‘yes’ to any of those questions, you may be able to claim damages for medical costs, lost wages, or pain and suffering. Other types of damages may apply to your case as well. It is best to claim any and all damages that apply to your situation to give yourself the best chance at recovering a fair settlement.
An experienced sexual harassment attorney can help you understand what types of damages you should name on your claim.
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Learn What A Sexual Assault Attorney Can Do for You
Reporting sexual harassment or even assault in the workplace can come with mixed feelings. You may fear losing your job, facing backlash, or worry that nothing will be done to resolve the issue. But you don’t have to stay in a hostile work environment or face your attacker every day, and we can help.
The law offices of Florin|Roebig have taken on both employment discrimination and sexual harassment cases, with proven results. Our sexual assault attorneys know the law well, and we are ready to put our knowledge and skills to work on your case.
We pride ourselves on building a strong attorney-client relationship, and this includes explaining every part of your case in a way you can understand. Get the legal help you deserve today. Call our phone number now to be connected with a knowledgeable, top-rated sexual harassment law firm now.
