Suing an Employer for Sexual Assault in New Jersey: What You Need to Know

Sexual assaults and harassment within the workplace remain all too common. According to the U.S. Equal Employment Opportunity Commission, “In FY 2018, the EEOC received 7,609 sexual harassment charges compared to 6,696 in FY 2017 – an increase of 13.6%. Additionally, sexual harassment charges as a percentage of all harassment charges began increasing in FY 2018.” If you or someone that you care about has been the victim of sexual harassment or assault at work, it is critical to understand relevant laws and legal protections.

The Legal Framework

Sexual assaults in a New Jersey workplace may result in claims under both federal and state laws.

• New Jersey Law Against Discrimination (NJLAD): The NJLAD prohibits workplace discrimination and harassment on the basis of sex. This includes instances of sexual assault. An employer could be held liable for sexual assault if they knew (or should have known) an employee was at risk and failed to take action.
• Title VII of the Civil Rights Act of 1964: Title VII is a federal law that strictly prohibits sexual assault and harassment in the workplace.
• Common Law Claims: Victims of sexual assault in the workplace may also be able to pursue civil claims alleging battery and intentional infliction of emotional distress against both the employer and assailant.

It is crucial that evidence is properly preserved after any instance of sexual assault in the workplace.

Employer Liability

There are several situations in which an employer could be held liable for sexual assault.

• Negligent Hiring or Retention: When an employer fails to conduct background checks or continues to retain an employee after serious complaints or red flags, they could be liable for an assault.
• Failing to Address Complaints: Employers have a duty to provide a safe workplace to all employees. If they ignore complaints or fail to implement safety policies, they could be legally responsible for an assault.
• Vicarious Liability: Employers are usually vicariously liable for the actions of their employees – insofar as those actions fell within an employee’s duties or were facilitated by a workplace environment.

Despite an employer’s duty to protect from assaults, far too often this does not take place.

Steps to Take After an Assault in the Workplace

Victims of sexual assaults in the workplace should take several steps in order to preserve their rights.

• Document the Incident(s): Be sure to keep a detailed record of all instances of misconduct or assaults. It is also important to keep a record of all related interactions that you may have with coworkers or managers.
• Report the Assault: It is important to report any instance of assault to your employer in writing. The incident should also be reported to the police. This will create official records of what took place.
• Seek Support: Victims of sexual assaults are often left with severe emotional, physical, and psychological trauma. They should seek medical support and counseling services, which will also help document how an assault has affected you.
• Consult an attorney: A personal injury attorney can take steps to help protect your rights after any instance of assault in the workplace. They can walk you through your legal options and pursue a lawsuit if you do have an actionable claim.

There are no up-front costs associated with hiring a personal injury attorney to represent you after a workplace sexual assault. They only get paid from the opposing party if they are able to successfully resolve your case.

Getting Legal Help After A Sexual Assault

It can be hard to know where to begin after any instance of sexual assault in the workplace. These incidents can leave victims psychologically and emotionally traumatized. They may also feel trapped because they are reliant on the income from their job to keep going. This is why many victims are quiet and much of the abuse that takes place persists for so long. Victims of workplace sexual assaults should understand that there is legal help available to them.

If you or someone that you care about has been injured in a sexual assault, you may be able to file a legal claim to recover damages. These damages can help cover medical expenses, lost wages, diminished earning capacity, emotional distress, and pain and suffering. The New Jersey workplace sexual assault attorneys at Beninato & Matrafajlo are here to help you. We are committed to helping assault victims get the support and justice that they are entitled to under the law. Whether you just have legal questions or would like a free, independent investigation into any incident, we are here for you. You can reach out to us anytime at 908-355-7100.