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No employee should have to endure sexual assault, especially not in the workplace. Whether the incident involved unwanted sexual contact, coercion, or abuse of authority, these actions can give rise to civil and employment-related claims. However, many victims are left wondering what steps to take. A Denver sexual assault lawyer can help you understand your legal options and advise you on the path forward as you pursue compensation.
Workplace sexual assault refers to any non-consensual sexual contact or behavior that occurs in a work-related setting. This can involve supervisors, coworkers, clients, or anyone else you interact with through your job. Unlike harassment, sexual assault includes physical acts such as unwanted touching, groping, forced sexual activity, or coercion. What’s more, these incidents typically involve some kind of power imbalance where the victim feels pressured to comply.
Sexual assault in the workplace is considered a severe form of sexual harassment under employment law. In the U.S., 38% of women and 14% of men report having experienced sexual harassment in the workplace. One single incident can be enough to create a hostile work environment and trigger legal protections. Employers have a responsibility to prevent this kind of behavior and take immediate action when it’s observed or reported.
When these incidents aren’t reported, it sends a sign to the offender that it’s okay to behave that way at work. They may then continue their behavior outside of work. One in two women and one in six men experience sexual violence at some time in their lifetime. This is why prevention is just as important as addressing existing sexual misconduct issues at work.
As an employee in Colorado, you have the right to work in a safe environment. Several federal and state laws protect employees from sexual assault in the workplace and retaliation when it comes to reporting harassment. Title VII of the Civil Rights Act prohibits discrimination in the workplace based on sex or gender, which extends to sexual harassment and assault.
State law provides additional protections. Employers must take reasonable steps to prevent and address harassment in the workplace, having clear policies in place and responding to complaints promptly. If your employer fails to investigate incidents and ignores reports of harassment, they can be legally liable if the behavior persists. Specifically, Colorado’s Workplace Harassment Policy outlines the state’s expectations on sexual conduct in the workplace.
You also have the right to report misconduct without the fear of retaliation. This means your employer cannot legally fire you, demote you, cut your hours, or create a hostile work environment because you reported harassment or assisted with an investigation into alleged behaviors. If they do, you could pursue a separate claim for retaliation in addition to your sexual assault case.
Liability in workplace sexual assault cases is not limited to the individual who committed the misconduct. In many situations, the employer may also be legally responsible if their actions or inactions contributed to the harm. Employers can be liable if they knew or should have known about the risk of sexual assault and failed to take reasonable steps to prevent it.
This includes ignoring prior complaints, failing to investigate reports of misconduct, or keeping an employee in a position where they posed a danger to others. In some cases, liability can extend to multiple parties, including supervisors, coworkers, or third parties like clients or vendors. While the perpetrator is directly responsible for the act itself, the employer and other parties could face civil liability for failing to prevent or address misconduct.
After a sexual assault in the workplace, your safety and well-being come first. If you’re in immediate danger, leave the area and contact emergency services. If possible, seek medical attention as soon as possible. Medical providers can treat injuries, provide support, and help preserve evidence.
It’s also important that you document as many details as possible while they’re still fresh in your mind. Write down the date, time, location, and what occurred. Save any relevant communications and make note of witnesses.
If you feel safe to do so, report the incident to your human resources department or a supervisor. Employers have a legal duty to take complaints seriously and investigate them. Failing to act can expose them to liability and strengthen your case. About 89% of men and 87% of women who are the victims of sexual conduct do not disclose their experiences to anyone.
It’s important to remember that reporting not only holds an assailant accountable, but it also protects potential future victims.
Finally, speak to an experienced attorney as soon as possible. A lawyer can explain your rights, help you take steps to improve the chances of success of your claim, and guide you through the legal process that follows. Depending on the course of action you choose, your attorney can help you file a report with the Equal Employment Opportunity Commission or the Colorado Civil Rights Division, located on Broadway in Denver.
Victims of sexual assault may be entitled to financial compensation for the harm they’ve suffered. These cases are not just about holding the perpetrator accountable. They’re also about helping you recover from the personal and professional impact of the assault. Compensation for sexual assault includes the damages listed below:
The value of a claim depends on the factors of the assault, like the severity, its impact on the victim’s career, and how their employer responded. If you are a victim of sexual assault, an experienced Denver sexual assault attorney can advise you on how to calculate the full extent of your damages and pursue the compensation you deserve.
Sexual assault cases are difficult to navigate on your own, especially when you’re still processing the emotional toll the attack has taken on you. A Denver sexual assault employment lawyer can explain your rights to you, value your case, and determine the right path for you going forward.
An attorney can handle every stage of the process for you, from investigating the incident and reporting it to the appropriate agencies to representing you in negotiations or court proceedings. Your attorney can gather evidence, communicate with your employer, and push back against attempts to minimize or deny your claim. Just as importantly, they can protect you from making mistakes that can hurt your case.
With over 90 years of combined experience, the attorneys and staff of King Employment Law are dedicated to serving employees and executives in Colorado. We believe that all workplaces should be free of discrimination and harassment, promoting a safe work environment for everyone. More than that, we champion fairness and equality for workers. You can trust our team to give you the dedicated support you need throughout your sexual assault case.
No, your employer can’t retaliate against you for reporting workplace sexual assault. Various state and federal laws are in place to prevent retaliatory behavior when an employee reports misconduct or participates in an investigation. Retaliatory actions can include demotion, termination, and other punishments. If your employer retaliates against you, talk to a reputable sexual assault lawyer about filing a separate claim to pursue compensation for those actions.
The worth of a sexual assault case depends on the damages incurred by the victim. This varies from case to case. Once you calculate your economic damages, including lost wages, lost future earnings, and lost benefits, you can proceed with your claim. In addition, you need to value your non-economic damages, which include pain and suffering and emotional distress. It’s important to work with a Denver sexual assault attorney to properly value your case.
Yes, it’s often worth filing a claim for sexual assault. First, you deserve compensation for your losses when someone sexually assaults you. You have every right to hold them accountable for their actions, whether through civil or criminal proceedings. What’s more, filing a claim against your assailant can prevent them from assaulting someone else in the future. Not only do you have an obligation to yourself, but also to other potential victims.
It’s hard to say how long a sexual assault case can take. Many factors go into these cases, and complex claims can extend a timeline. Simple cases can be resolved in as little as a few months, while complicated claims can take years to reach a settlement. If the case can’t be settled and requires litigation, you can expect it to take even longer.
Employees have the right to work in an environment that’s free of sexual harassment. When coworkers, supervisors, and other parties compromise that by assaulting you, it is important to remember that you have legal protections. Hire a sexual assault lawyer to help you protect your rights and pursue compensation for your damages. By working with King Employment Law, you can hold assailants and the systems that protect them accountable.
Contact our office to schedule a consultation. We can discuss your case and explain how the state’s sexual assault laws come into play. Our Denver sexual assault attorneys work closely with clients to understand their goals and create an effective strategy for pursuing compensation based on their unique circumstances.
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