Sexual Assault in the Workplace
You go to work to do your job and to support yourself or your family.
If a co-worker sexually assaults you at work and your employer knows about it and fails to take action, then your employer may be responsible.
If a supervisor uses his or her position over you to intimidate you or to force you into engaging in sex then not only is your supervisor responsible, but your employer is as well.
Sexual assault includes unwanted touching, kissing, groping, fondling, or forcing you to touch another when you do not want to.
You are protected under the law even if you are not a legal Resident of the United States.
California Protection under the Fair Employment and Housing Act (FEHA)
Sexual Assault of an employee, an applicant, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to sexual assault of employees, applicants, or persons providing services pursuant to a contract in the workplace, where the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action.
What do I do if I feel I have been subjected to sexual assault at work?
Don’t be afraid to ask for help. You can contact an attorney who will help you. Don’t be afraid that you will lose your job.
If your employer demotes you, transfer you, takes away your responsibilities, or fires you because you made a complaint, this is illegal. This is called retaliation. If your employer retaliates against you for making a complaint of sexual assault, then you should seek a lawyer immediately.
If you are afraid to complain, then please seek the assistance of a lawyer. No one should live in fear that they would lose their job if they are the victims of sexual assault.
As a woman, Maryann Gallagher has particular sensitivity and compassion for anyone who is mistreated unfairly at work and sexually assaulted. Your phone call to us is confidential.
Our firm will fight tirelessly to protect and defend the rights of every employee to work in a workplace free from assault.
There are a number of remedies available to employees who are found to have been subjected to sexual assault or retaliation, or both at work. You may be entitled to receive your loss of wages, any promotions, bonuses or raises you were denied, the benefits you may have lost. You may also be entitled to recover for the emotional toll that the sexual assault and retaliation had on you. Most importantly we want to help you stop the sexual assault and to protect you.
You do not have to feel you are alone. We are here to help you. We are just a phone call or email away. Everything you tell us is confidential. So do not be afraid to call and we will see if we can help you.
Call The Law Offices of Maryann Gallagher at 213-626-1810, or email us here.