Workplaces should be environments of safety, respect, and professionalism. Unfortunately, sexual abuse and harassment continue to be persistent issues in many industries. Employees who experience workplace sexual abuse often feel trapped — fearful of retaliation, job loss, or damage to their careers if they speak out. However, legal options exist to hold employers accountable for failing to prevent or address workplace sexual abuse.
If you have experienced sexual abuse at work, you may be able to file a lawsuit against your employer. Understanding your rights, legal options, and the process of holding an employer accountable can help you make informed decisions about seeking justice.
What Is Workplace Sexual Abuse?
Workplace sexual abuse occurs when an employee, supervisor, or employer engages in unwanted sexual conduct, coercion, or assault within the workplace. This type of abuse often involves a power imbalance, where the perpetrator exploits their authority to manipulate or control a victim.
Workplace sexual abuse can include unwanted touching, coercion for sexual favors, sexual assault, or a work environment that fosters or tolerates sexually abusive behavior.
Some cases involve employers who fail to take action against known abusers or create environments where sexual misconduct is ignored. In these situations, the employer may be held legally responsible for allowing the abuse to occur.
Survivors of workplace sexual abuse may have legal claims against both their abuser and their employer, depending on the circumstances of the abuse and the employer’s role in enabling or failing to prevent it.
Can You Sue Your Employer for Workplace Sexual Abuse?
Yes, you may be able to sue your employer for workplace sexual abuse if they failed to prevent or address the misconduct. Employers have a legal duty to provide a safe work environment and take action when sexual abuse occurs. Failing to do so may make them liable under various legal theories.
Employers can be sued for workplace sexual abuse in several situations, including:
- Allowing a culture of harassment or abuse: If an employer fosters an environment where sexual misconduct is tolerated or ignored, they can be held responsible for the harm suffered by employees.
- Failing to investigate or act on complaints: When employees report sexual abuse, employers must take complaints seriously and conduct thorough investigations. Ignoring or covering up complaints can make them legally liable.
- Negligent hiring or supervision: If an employer hires or retains an employee with a history of sexual misconduct and that individual abuses someone at work, the employer may be responsible for their negligence.
- Retaliation against survivors: Employers cannot legally punish employees for reporting sexual abuse. If they demote, fire, or otherwise retaliate against a survivor, they can be sued for wrongful termination or discrimination.
Holding an employer accountable in court can provide survivors with compensation for their suffering while also pushing companies to implement stronger protections against workplace abuse.
Legal Theories Used in Workplace Sexual Abuse Cases
When survivors file lawsuits against employers, they often rely on specific legal theories to establish liability. The strength of a claim depends on the employer’s involvement or negligence in allowing the abuse to occur. Some of the most common legal theories in workplace sexual abuse cases include:
Negligence
Employers have a duty to create a safe work environment. If an employer fails to take reasonable steps to prevent sexual abuse — such as failing to conduct background checks, ignoring prior complaints, or allowing inappropriate behavior to continue — they may be found negligent. Negligence claims often focus on whether the employer had knowledge of the risk and failed to act appropriately.
Hostile Work Environment
A hostile work environment exists when sexual misconduct, harassment, or abuse is so pervasive that it affects an employee’s ability to work. If an employer allows ongoing sexual comments, unwelcome advances, or repeated abuse to occur without intervention, they may be liable for creating a hostile workplace.
Vicarious Liability
Under vicarious liability, employers can be held responsible for the actions of their employees if the abuse occurred within the scope of employment. If a supervisor or high-ranking employee used their position to commit sexual abuse, the employer could be liable for their misconduct.
Retaliation and Wrongful Termination
Many survivors of workplace sexual abuse fear speaking out because they worry about losing their jobs. If an employer fires, demotes, or otherwise retaliates against an employee for reporting abuse, they can be sued for wrongful termination and retaliation under employment laws.
How to File a Lawsuit Against an Employer
Filing a lawsuit against an employer for workplace sexual abuse requires careful legal strategy. Each case is unique, but the legal process generally follows a similar path.
Reporting the Abuse
Before filing a lawsuit, survivors may be required to report the abuse internally. Many companies have human resources (HR) departments that handle complaints of sexual misconduct. Filing a formal complaint provides documentation that can be used as evidence in a lawsuit.
However, some employers do not take complaints seriously or actively try to silence survivors. If internal reporting does not result in action, legal options remain available.
Filing a Complaint with a Government Agency
In many cases, survivors must file a complaint with a government agency before pursuing a lawsuit. The Equal Employment Opportunity Commission (EEOC) investigates workplace sexual harassment and abuse claims. Filing a charge with the EEOC is often a necessary step before suing an employer in federal court.
State agencies may also investigate workplace sexual abuse claims, depending on the laws of the state where the abuse occurred.
Filing a Civil Lawsuit
Once the proper administrative steps have been taken, survivors can file a civil lawsuit against their employer. The lawsuit may seek compensation for:
- Lost wages due to wrongful termination or career setbacks
- Medical and therapy costs for treatment
- Pain and suffering caused by the abuse
- Punitive damages against an employer for egregious misconduct
An attorney can help determine the best legal approach and ensure that the lawsuit meets all procedural requirements.
Compensation for Survivors of Workplace Sexual Abuse
Survivors who successfully sue their employer may receive financial compensation for the harm they suffered. Workplace sexual abuse can have lasting consequences, affecting survivors’ mental health, career stability, and overall well-being. Legal claims can help ensure that survivors receive the financial resources they need to heal and rebuild their lives. Compensation varies depending on the severity of the abuse, the employer’s level of negligence, and the long-term impact on the survivor.
Lost Wages and Career Disruption
Sexual abuse in the workplace can lead to job loss, demotions, or an inability to continue working in the same field. Many survivors are forced to leave toxic work environments to escape further harm, resulting in financial instability.
Compensation can cover lost wages, future earning potential, and career setbacks caused by the abuse. Some cases also include damages for retraining or career counseling if a survivor must change industries due to the trauma they experienced.
Medical and Therapy Costs
Many survivors require mental health treatment to cope with the trauma of workplace sexual abuse. Therapy, counseling, psychiatric care, and medication are common expenses, and long-term treatment may be necessary to address PTSD, anxiety, depression, and other psychological conditions.
Legal claims can cover both past and future medical expenses related to the abuse. In severe cases, survivors may also require inpatient care or specialized trauma treatment, which can be included in compensation claims.
Pain and Suffering
The emotional distress caused by workplace sexual abuse can have long-term effects on a survivor’s well-being. Survivors often struggle with feelings of fear, shame, and self-doubt, which can affect their personal relationships and quality of life. Courts recognize these damages and may award compensation for psychological harm, PTSD, anxiety, and other emotional suffering. Unlike lost wages or medical expenses, pain and suffering damages are subjective and calculated based on the severity of the trauma and its impact on daily life.
Punitive Damages
In cases where an employer engaged in extreme negligence — such as ignoring repeated complaints, covering up abuse, or retaliating against survivors — punitive damages may be awarded. These damages serve as a punishment for the employer and a deterrent for future misconduct.
Punitive damages are typically awarded in cases where the employer’s actions were particularly reckless, showing a blatant disregard for the safety and well-being of employees. In high-profile cases, courts may impose substantial punitive damages to force companies to implement stronger protections against workplace abuse.
Overcoming Challenges in Workplace Sexual Abuse Cases
While legal options exist, pursuing a lawsuit against an employer can be challenging. Survivors often face significant obstacles when holding their employer accountable, including fear of retaliation, difficulty proving liability, and legal barriers such as arbitration agreements. However, with the right legal representation, survivors can navigate these challenges and seek justice.
Fear of Retaliation
Many survivors worry about losing their jobs or damaging their reputations if they take legal action against their employer. The fear of being demoted, denied promotions, or blacklisted in their industry can deter survivors from coming forward.
Keep in mind retaliation for reporting sexual abuse is illegal, and survivors have protections under federal and state laws. Laws such as Title VII of the Civil Rights Act and various state anti-retaliation statutes prohibit employers from punishing employees who report sexual misconduct. If an employer does retaliate, survivors can file additional legal claims for wrongful termination or workplace discrimination.
Proving Employer Liability
Employers often deny responsibility, claiming they were unaware of the abuse or that the survivor did not follow proper reporting procedures. However, attorneys can gather evidence — such as internal emails, HR complaints, personnel records, and witness testimony — to demonstrate that the employer failed to act on known misconduct.
If an employer ignored reports, failed to implement policies to prevent abuse, or created a toxic work environment that enabled misconduct, they can be held legally accountable. Additionally, if an employer failed to conduct proper background checks on employees with a history of misconduct, they may be found negligent in their hiring practices.
Navigating Workplace Arbitration Agreements
Some employers require employees to sign arbitration agreements, which limit their ability to sue in court and force them into private dispute resolution processes. These agreements often favor employers, as arbitration can restrict discovery, prevent public accountability, and limit damages.
That said, new laws in some states have restricted forced arbitration in sexual abuse cases, allowing survivors to take legal action in court. The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, passed in 2022, prohibits companies from enforcing arbitration agreements in workplace sexual abuse and harassment cases, giving survivors more legal options. Survivors who signed arbitration agreements should consult an attorney to determine whether they are still eligible to file a lawsuit in court.
Seeking Justice? Contact Nix Patterson Today
If you have experienced workplace sexual abuse, you do not have to go through this process alone. Even if years have passed, you may still have legal options to hold your employer accountable. Taking action can provide financial relief, justice, and protection for others in your workplace.
At Nix Patterson, we are committed to fighting for survivors and ensuring that negligent employers are held accountable. Contact us today for a free and confidential consultation. We will stand by your side, protect your rights, and help you take the first step toward justice.