NYC Workplace Sexual Assault Lawyer

Workplace Sexual Assault Is Not “Just an HR Issue”

Sexual assault connected to work can be both a traumatic personal violation and a serious employment law issue. It may involve unwanted sexual touching, groping, grabbing, forced kissing, coerced sexual contact, assault during business travel, assault at a work event, or sexual contact obtained through threats to an employee’s job, schedule, pay, promotion, or career.

The person responsible may be a supervisor, CEO, founder, owner, partner, executive, manager, coworker, client, customer, investor, vendor, patient, or someone else connected to the workplace. When the assailant is powerful, employees often feel trapped. They may worry that reporting will cost them their job, reputation, bonus, visa sponsorship, professional references, or future opportunities.

Fingerhut Law represents employees who were sexually assaulted, harassed, retaliated against, or forced out after workplace sexual misconduct.

Laws That May Apply

In New York City, workplace sexual assault may violate the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107, when the conduct is connected to sex, gender, sexual orientation, gender identity, or another protected characteristic. The NYCHRL is intentionally broad and must be interpreted separately from narrower federal standards. In Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 102 (2d Cir. 2013), the Second Circuit explained that New York City discrimination claims require independent and liberal analysis.

Employees may also have claims under the New York State Human Rights Law, N.Y. Exec. Law § 296, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2. Federal sexual harassment doctrine includes cases such as Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), which addresses employer liability for supervisor harassment.

In New Jersey, employees may have claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12. The New Jersey Supreme Court recognized hostile work environment sexual harassment claims under the NJ LAD in Lehmann v. Toys “R” Us, Inc., 132 N.J. 587 (1993).

A workplace sexual assault may also involve other civil claims depending on the facts. The legal analysis depends on who committed the assault, where it happened, what the employer knew, how the employer responded, and whether the employee was retaliated against.

Sexual Assault by a CEO, Owner, Executive, or Supervisor

Cases involving senior leaders are often especially difficult. A CEO, owner, founder, managing partner, board member, physician, rainmaker, or executive may control the employee’s pay, promotion, references, work assignments, immigration sponsorship, equity, or ability to stay employed. The company may protect the powerful person because of money, reputation, client relationships, or fear of public exposure.

That does not mean the employee has no rights. If an employer knew or should have known about sexual misconduct and failed to act, or if it retaliated after a report, the employer’s response may become important evidence. In some cases, the fact that the harasser had authority over the employee is central to liability.

Workplace sexual assault or related sexual misconduct may include:

A boss grabbing, groping, or forcibly kissing an employee.
A CEO or owner pressuring an employee into sexual contact during business travel.
A supervisor touching an employee in a private office, car, hotel, elevator, or work event.
A client or customer assaulting an employee after prior complaints were ignored.
An executive threatening job consequences unless the employee tolerates sexual conduct.
A manager retaliating after an employee refuses sexual contact.
HR discouraging an employee from reporting because the offender is “important.”
The company firing, demoting, isolating, or discrediting the employee after a report.
Sexual assault can occur in the office, after-hours, at a conference, at a company party, during a client dinner, on a business trip, in a rideshare, at a hotel, or through any setting connected to work.

What Evidence Should Employees Preserve?

If possible, preserve evidence. Helpful evidence may include:

Text messages, emails, Slack messages, Teams messages, and direct messages.
Calendar invitations, travel records, hotel records, receipts, and rideshare records.
Photos, voicemails, social media messages, and call logs.
Medical records, therapy records, or police reports if they exist.
HR complaints, notes from meetings, and written responses from the company.
Names of witnesses, including people you told soon after the assault.
Performance reviews and records showing retaliation after reporting.
Employees do not need every category of evidence to have a claim. But preserving contemporaneous records can help show what happened, when it happened, who knew, and how the employer responded.

Retaliation After Reporting Sexual Assault

Retaliation after reporting sexual assault is unlawful. Retaliation may include termination, demotion, reduced hours, loss of accounts, negative reviews, exclusion from meetings, threats, pressure to resign, or efforts to make the employee look unstable or unreliable.

A common pattern is that the company says it takes the complaint seriously but then shifts blame to the employee. The employer may question why the employee waited to report, criticize the employee’s work, isolate the employee from coworkers, or suggest a “mutual separation.” Those facts can matter.

Adult Survivors Act Experience

Steven Fingerhut represented survivors during New York’s Adult Survivors Act (CPLR 214-j) lookback window, which revived otherwise time-barred civil claims for adult-survivor sexual offenses between November 24, 2022 and November 24, 2023. The window has now closed, but that experience handling ASA matters — including claims involving senior executives and long-delayed reporting — continues to inform how the firm evaluates and litigates workplace sexual assault cases under the human rights laws, Title VII, and the New Jersey LAD.

Sexual Harassment, Hostile Work Environment, Retaliation for Protected Activity, Wrongful Termination, Severance Negotiation, LGBTQ+ Discrimination, NJ LAD.

Contact Fingerhut Law

If you were sexually assaulted, harassed, or retaliated against by a CEO, owner, executive, supervisor, coworker, client, or vendor, contact Fingerhut Law for a confidential consultation.

Attorney Advertising Disclaimer: This article is attorney advertising and is provided for general informational purposes only. It does not create an attorney-client relationship and is not legal advice. Prior results do not guarantee a similar outcome.

Workplace Sexual Assault