Is an Employer Liable for Employee Sexual Assault Crime?

May 7, 2014 | Attorney, Matthew Dolman
Is an Employer Liable for Employee Sexual Assault Crime? Do you know what your employer's policy is regarding sexual harassment? Unfortunately most people don't know what it is, until they need to file a claim against someone who has assaulted them. You may love your job and be a terrific employee, but it's also important to have an employer who respects all of their employees and provides a safe workplace. Good employers should have responsible policies in place regarding sexual harassment. Looking for a new job can be a stressful event for many, and with the current Florida unemployment rate registering at 6.3%, there are a lot of people looking for jobs right now. Interviewing advice abounds online and in newspapers and magazines, with checklists of what to wear, what not to say, and how to act at an interview. With fierce competition for few jobs, many applicants find themselves desperate for a paycheck, any paycheck. They may be lucky enough to land a job with great benefits, responsibilities commensurate with their experience, an air-conditioned office, convenient scheduling, and pleasant co-workers. And yet, in their hurry to get their first paycheck, many prospective employees don't ask questions about an employer's sexual harassment policies.

Victim of Sexual Assault

If you find yourself a victim of sexual harassment or sexual assault, you may have cause to file a case with the EEOC. Employers are expected to provide a safe working environment for their employees, and that also means acting on employee harassment complaints before they escalate to assault. When harassment, including sexual assault, leads to the creation of a hostile environment for an employee, or promotions or demotions are dependent on the acceptance or rejection of sexual advances, an employee may have grounds for filing a case against their employer. It is important to document your experience, including the identity of the assailant, and file a complaint with supervisors or the company official designated to handle employment issues. A complaint to the Equal Employment Opportunity Commission usually is made within 180 days of the latest incident, although there are some variations by state. Vital to the determination of negligence, the attacker's position within the company structure -- whether a company official, supervisor, co-worker, vendor, contractor, or customer – must be determined. An attorney with experience handling sexual assault cases can then evaluate whether the attacker's actions can be classified as negligence. Negligence can be demonstrated in many areas, ranging from dubious hiring practices to improper supervisory procedures. For example, an employer who knowingly hires an employee with a record of previous sexual assaults could be considered liable if that employee then assaults another. The trial attorneys at Dolman Law Group Accident Injury Lawyers, PA can help, if you or someone you know has experienced sexual harassment or suffered sexual assault in the workplace. Our staff includes sexual assault attorneys who will thoroughly investigate your claim, including your employer's policies, the assailant's background, and any third-parties who may also be held negligent. The Dolman Law Group Accident Injury Lawyers, PA team will work to bring the abuser to justice, along with those who are responsible for screening and supervising the abuser. Contact us today at 727-451-6900 to speak with a sexual assault attorney, and rest assured, your case will be handled with complete confidentiality and tact. Dolman Law Group Accident Injury Lawyers, PA 800 North Belcher Road Clearwater, FL 33765 727-451-6900


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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