Employer Liability for Workplace Sexual Assault in Massachusetts

Being the victim of sexual assault at work is an overwhelming and painful experience. It can make you feel very alone and confused about what to do next. If you find yourself dealing with this, always know that support is available. The law offers ways to hold people accountable, and not just through criminal prosecution.

While the primary responsibility lies with the person who commits the assault, the employer can also be held responsible in some situations. Understanding when an employer may be liable can help you take steps to protect your rights and move forward.

How employers can be held liable for sexual assault at work

Employees are entitled to a safe workplace, free from harassment and assault. Sometimes, this means an employer can be held responsible if a worker is sexually assaulted at work, even if the employer didn’t actually commit the assault. Generally, several different legal theories may apply in certain cases:

Negligent hiring

If an employer does not properly check an applicant’s background and hires someone who later assaults a coworker, that employer might be at fault.

For instance, imagine a company hires a manager without doing basic background checks or calling references, only to find out that he has prior accusations of sexual misconduct at another job. If he assaults someone at his new workplace, the employer can be held liable for failing to properly look into this.

Negligent retention or supervision

Sometimes an employee shows behavior or gets complaints that should warn the employer that others are at risk. If the employer ignores clear warning signs and keeps this person on the job, they could be liable if they go on to sexually assault someone.

For example, a supervisor receives multiple complaints about a particular employee acting inappropriately—maybe committing sexual harassment, but not assault yet. If they do nothing and this employee goes on to sexually assault someone, the company could be legally liable.

Failure to inform staff on reporting and anti-harassment procedures

Employers with six or more employees are required to create and share a written anti-harassment policy. Education and training programs on sexual harassment are also strongly recommended for all employees. They can help demonstrate compliance, although the lack of training does not automatically trigger liability.

Victims should never feel alone or powerless; companies must do their part. Failure to do so can lead to trouble for the employer.

Practical steps for survivors

If you’ve experienced sexual harassment or assault, your most important concern is your own safety and well-being. The law protects survivors, but navigating your next steps after an incident can feel overwhelming. Here’s what you can do to safeguard your health and preserve your rights.

Get medical care—request a SANE exam when appropriate

See a doctor as soon as you feel comfortable doing so. Massachusetts hospitals offer Sexual Assault Nurse Examiners (SANE), who specialize in treating and supporting survivors. The evidence and records from this exam can be important later, but you can have this exam even if you are unsure you want to file a report.

Preserve evidence

Keep any physical evidence, even before you decide whether you’re going to report the incident. Keep any clothing worn during the incident, take photos of injuries you sustained, and preserve messages, emails, or other communications related to the event.

Report internally when safe

Report the incident internally if you feel comfortable doing so, and there’s a mechanism set up for this. If you feel threatened or are in danger, you certainly don’t have to take this step. You can always make a police report. Remember, a police report is not required to bring a civil lawsuit.

Document retaliation

If you notice retaliation after reporting the incident, like being left out of meetings, changes to your schedule, sudden disciplinary issues, or shifts in how you’re treated at work, write it down and keep track of everything you are experiencing. Retaliation is illegal, and these records help demonstrate further wrongdoing.

Consult a Massachusetts sexual assault lawyer

Coping after an incident is not easy, let alone managing policies and deadlines. A lawyer can answer questions about your workplace’s obligations, options for a civil or criminal case, and next steps.

Remedies beyond criminal prosecution

Many survivors of sexual assault think they have to press charges criminally to get justice. While this is one way survivors can hold perpetrators responsible, there are remedies that don’t involve the criminal justice system.

Survivors of sexual harassment or assault often have the right to pursue damages through civil claims, even if prosecutors never charge their perpetrator or if a criminal case doesn’t lead to a conviction. In the case of workplace assaults, workers’ compensation may apply and be the only option for a remedy. However, there are cases where employers may lack the proper insurance, in which case you may have the ability to file a civil lawsuit.

Below are some of the types of damages you might be entitled to:

Medical treatment and therapy expenses

Experiencing sexual assault often leads to a lot of medical costs. A civil lawsuit can provide a way to recover these expenses, which may range from emergency room visits to long-term physical and mental health counseling.

Emotional distress and trauma-related suffering

Pain doesn’t just show up as bruises or medical bills, especially after sexual assault. You may be able to recover compensation for pain and suffering or emotional distress, which often covers things like anxiety, depression, PTSD, or a reduction in your quality of life directly due to the event.

Lost wages or reduced earning capacity

Survivors of assault may have trouble doing their work, miss out on raises or promotions, or need periods away from work just to manage recovery or doctor’s appointments. Any income or opportunities you lose because of harassment or assault can be recovered in a civil claim.

Other financial losses tied to the incident

You might have damage to personal property, relocation costs, or investments in home security. Some survivors spend extra money making housing, travel, or even social life adjustments out of necessity. Courts recognize that financial harm from assault or harassment can reach into unexpected areas and may award compensation for these losses, too.

If you feel overwhelmed and aren’t entirely sure what steps to take next, contact us. Our Massachusetts law firm has years of experience with sexual assault and workplace harassment cases. Santoro & Gray understands how complex and emotional these claims can be—from the first step to final resolution. We know money can’t make up for what you’ve been through, but you deserve to be compensated for your losses. Let us help you get started. Reach out now to schedule your free and confidential consultation.