Can I Sue My Employer for Sexual Harassment or Assault at Work?

At ADZ Law, LLP, we believe every Californian deserves a workplace without unwanted advances, sexual discrimination, and intimidation. We understand that pursuing a civil lawsuit against an employer for sexual harassment or assault can be daunting. ADZ Law aims to provide clarity on your legal options, the civil litigation process, and how to prepare for a sexual harassment or assault lawsuit.

An experienced attorney can answer specific questions and tailor their assistance to a client's legal needs, but these are the general questions and areas to consider when thinking about suing an employer for workplace sexual harassment or assault.

Liability for Workplace Harassment or Assault

You can bring claims against the individual who committed the harassment or assault and, in many cases, against your employer as well. An individual defendant can be sued for assault, battery, and intentional infliction of emotional distress, while an employer can be sued when it failed to take reasonable steps to stop misconduct it knew about or even simply should have known about.

How Suing Your Employer Differs from Suing the Individual Who Harmed You

Lawsuits against the individual focus on that person's conduct and intent, while lawsuits against the employer focus on their knowledge, policies, and response to the situation in question. It's often better to focus on the system involved, so employers can be held liable for the acts of their supervisors and employees if the employer failed to prevent harassment or, once they knew of it, failed to correct it.

Preserving Evidence

When it comes to evidence, litigants should preserve anything that documents the incidents involved and their effects. This evidence can include:

• Written communications such as texts and emails
• Short written notes describing what happened
• Medical or counseling records
• Internal reports that were filed
• Performance reviews or disciplinary records

An experienced attorney will typically interview witnesses, subpoena employer records or personnel files, obtain medical and counseling records (with your consent), and work with experts on documenting psychological or physical harm

Memories fade, and records can be lost or even altered, so early preservation of evidence is undeniably crucial.

What Remedies Can I Seek in a Civil Lawsuit?

A civil lawsuit can seek compensatory damages for medical and mental health care, therapy, lost wages, and pain and suffering. Additional punitive damages may even be available to punish particularly egregious conduct. When the employer's policies or practices contributed to the harm or failed to prevent or report it, a court can order them to change their workplace practices and policies. Courts can even impose monitoring on the company to ensure compliance.

Procedural Steps and Timelines

The civil process typically begins with a confidential consultation and an investigation. In many employment-related claims, there are administrative steps to complete before filing a lawsuit, such as filing a charge with a state agency or the federal Equal Employment Opportunity Commission. After any required administrative process, a lawsuit is filed, followed by discovery (an exchange of documents and depositions between the parties), settlement negotiations or mediation, and, if necessary, trial. Statutes of limitations and other timing rules vary by claim and by whether the defendant is a private employer or a public entity, so prompt legal review is important to preserve your rights.

Challenges to Anticipate

Common defenses the defendant will raise include:

• Denial of the allegations
• Disputes about memory or credibility
• Arguments that the employer took reasonable steps to address complaints

Employers often have experienced defense counsel as well as the resources to litigate aggressively, which can make the process lengthy and emotionally taxing. If you name an individual defendant, consider the level of collectability, because even a successful judgment may be tough to enforce if the individual lacks the requisite assets. This is usually less of an issue when suing an institution. Your attorney will weigh these practical realities against what your goals are, whether they are accountability, compensation, workplace change, or some combination thereof.

How Should I Decide Whether to Sue and What Strategy Is Best?

Deciding whether to sue involves balancing accountability, emotional cost, and the likelihood of recovery. If your main goal is to change policy or to stop ongoing misconduct, injunctive relief and administrative complaints may be sufficient. If you seek compensation for the harm caused to you, a civil suit against your employer may be more appropriate in the end.

Obtaining legal advice helps you preserve your evidence, understand your deadlines, and choose a strategy (litigation, mediation, or settlement) that aligns with your personal priorities.

Preparing for a First Meeting with an Attorney

Before your first meeting, prepare a concise written timeline of incidents with dates, names of people involved (including witnesses), copies of any relevant communications and reports, and any medical or counseling records you have. Be ready to outline what you want to achieve as well as any concerns you have. Civil litigation firms offer confidential consultations and will explain fee arrangements, including contingency fees and potential costs, which should always be discussed at the outset of the attorney-client relationship.

Protect Your Rights Today

If you want to learn more about how a civil litigation firm can help with workplace sexual harassment claims, see our page on sexual harassment representation. To schedule a confidential consultation and discuss your situation with an experienced attorney, please contact us.