What Should I Do After a Sexual Assault at Work?

Key Takeaways

• You have the right to report sexual harassment or assault at work and to be protected from unlawful retaliation for speaking up.
• Reporting sexual assault to your employer or HR and law enforcement are separate options, and you can choose the steps that feel right for you.
• Saving messages, emails, workplace records, and other information can help protect your rights and preserve important evidence.
• Talking to an attorney can help you understand your legal rights and what to expect throughout the process.

Workplace sexual harassment and assault can leave you facing questions you never expected to have to answer. When the place where you work is also where the harm occurred, concerns about your safety, your job, and your future can become tangled together. Knowing what to say to HR, when to report what happened, or where to turn for help isn’t always easy.

You have a legal right to be free from sexual harassment at work. Under employment law, sexual harassment can include sexual assault and rape.

There’s no single right way to respond. Every survivor has different needs and concerns, and you don’t have to have all the answers right away. Jessica Pride and The Pride Law Firm understand how personal these decisions can be. Learning about your rights and the options available to you can give you a clearer sense of what comes next, on your own terms.

Start With What You Need Right Now

What you need after workplace sexual harassment and assault will depend on what happened. Sexual harassment can include conduct ranging from sexual comments or unwanted advances to unwanted touching and sexual assault. Your immediate needs may look very different depending on what you experienced.

If you feel unsafe at work, getting away from the person who harmed or harassed you may be your first concern. That could mean leaving the workplace, going somewhere you feel safe, contacting someone you trust, or calling 911 if you believe you are in immediate danger.

If the conduct involved sexual assault or physical contact, you may also want to consider medical care, even if you don’t have visible injuries. A medical provider can evaluate possible injuries and discuss options such as emergency contraception and preventative treatment for sexually transmitted infections. You may also have the option of a sexual assault forensic exam to preserve evidence.

You don’t have to take every one of these steps. What makes sense will depend on what happened, what you need now, and what you feel comfortable doing next.

Deciding When and How to Report What Happened at Work

Deciding who to tell about a sexual assault at work can feel deeply personal. Some survivors are ready to speak up immediately, while others need time to process what happened.

You also have different paths to consider. Telling your employer or HR is separate from going to law enforcement, and each process can raise different questions and concerns.

Going to Law Enforcement

If you decide to report the assault to law enforcement, you can contact your local police department or call 911 in an emergency. You can also tell medical personnel that you would like to speak with law enforcement.

An officer will generally ask questions about what happened and may speak with potential witnesses or collect physical and other evidence. The case can then be referred to the district attorney’s office, which decides whether to file criminal charges.

Talking to Your Employer or HR

Bringing a sexual assault to your employer’s attention can raise a different set of concerns, particularly when you still have to work there. Employers are expected to respond appropriately when they learn about workplace sexual harassment. That can include investigating what happened, taking steps to protect employees, addressing harassment when it’s found, and preventing retaliation.

Of course, that’s how the process is supposed to work, and it’s understandable to worry about how your employer will actually respond.

Jessica Pride understands that uncertainty personally. She experienced sexual harassment at work and, like many people in that situation, was unsure what to do or what options were available to her. Her experience is one reason Jessica believes survivors should have clear information about their rights and choices, so they can decide what feels right for them.

If you’re considering talking to your employer or HR, understanding their role can help you decide how you want to proceed. HR works for your employer. Its role is to address issues affecting the company and its employees. An attorney has a different role: protecting your individual legal interests. If you’re uncomfortable talking to HR, concerned about how it could affect your job, or have been asked to prepare a written statement about what happened, you may want to talk with an attorney before responding.

Preserve Information You May Need Later

Even if you aren’t sure whether you’ll report the assault or take legal action, preserving information now may be helpful if you decide to do so later. If you’re able, write down what you remember about what happened. You don’t need to force yourself to document everything at once. If writing about the assault becomes overwhelming, you can stop and return to it later.

Workplace records can be particularly important. Consider preserving any information you already have access to that relates to the assault or what happened afterward, including:

• Text messages, emails, or workplace messages involving the person who assaulted you
• Communications with supervisors, managers, or HR
• Work schedules or shift information that may help establish who was present
• Names of coworkers or other people who may have witnessed something relevant
• Copies of complaints or reports you made to your employer
• Communications about changes to your hours, assignments, schedule, pay, or position after you reported what happened

Avoid deleting relevant messages, photos, emails, or other information from your phone or computer. You may never need to use these records, but preserving them can give you more options later.

What If You Still Have to Go Back to Work?

One of the hardest parts of a workplace sexual assault can be figuring out how to return to the same place where it happened. You may rely on your job for your paycheck, health insurance, or other benefits and still care deeply about the job and career you’ve worked hard to build. 

Returning to work can bring difficult questions. How will you handle seeing the person who assaulted you? What if you’re scheduled for the same shifts or still report to the same supervisor? What do you say if coworkers start asking questions?

You don’t have to make a major career decision before you understand your options. Changes to your schedule, work location, responsibilities, or time away from work could be worth discussing with your employer. Before requesting a change or resigning because you feel you have no other choice, consider talking with us about your rights and how those decisions could affect them.

Your Rights After Reporting Sexual Harassment or Assault

Reporting sexual harassment or assault shouldn’t cost you your job or result in punishment for speaking up. California and federal employment laws protect employees from unlawful retaliation for reporting sexual harassment.

Retaliation can take different forms. You could notice a reduction in hours or pay, a demotion, undesirable assignments, increased discipline, or significant changes to your responsibilities after making a report.

A change at work isn’t automatically retaliation simply because it happens after you report. Still, if your treatment at work changes, keep copies of emails, performance reviews, schedules, disciplinary notices, and other records that show what happened before and after your report. These records can help an attorney understand what changed and why it could matter.

When Could Your Employer Be Legally Responsible?

Sexual harassment at work can include quid pro quo harassment, such as a supervisor conditioning a promotion or other opportunity on sexual conduct, as well as harassment that creates an unlawful hostile work environment. Sexual assault and rape can also fall under workplace sexual harassment laws.

Who committed the harassment is important when determining an employer’s legal responsibility. California law treats harassment by supervisors differently from harassment by coworkers or people outside the company. When a coworker, client, customer, or other nonemployee is involved, questions about what the employer knew and how it responded can matter even more.

For a closer look at employer responsibility, read Can I Sue My Employer for Sexual Assault at Work in California?.

You Don’t Have to Figure Out What Comes Next Alone

After a sexual assault at work, the legal questions are often tied to very practical ones. What happens with your job? How should you handle HR? What if your employer isn’t taking your concerns seriously? What happens if you want to take legal action?

Jessica Pride brings both legal and personal perspective to these conversations. She understands that speaking up about workplace sexual harassment isn’t always simple and that survivors can have concerns about their jobs, their employer’s response, and what happens after they come forward.

Talking with Jessica doesn’t commit you to filing a lawsuit. She can explain your rights, answer your questions, and help you understand how decisions involving your job, HR, and a potential legal claim can affect one another.

The Pride Law Firm takes a trauma-informed approach to representing sexual assault survivors throughout California and has a full-time survivor advocate to help clients navigate the legal process. You don’t need to have everything figured out before that first conversation.

If you were sexually harassed or assaulted at work and want to talk about what happened and what comes next, call 619-516-8166 or fill out our online contact form to schedule a confidential consultation.