Workplace Sexual Assault Attorney in Phoenix, AZ

What Can I Recover for Workplace Sexual Assault or Harassment?

If you’ve experienced workplace assault or harassment, the law provides several avenues of recovery designed to compensate you for the harm and losses you’ve suffered. The specific remedies available depend on the facts of your case and whether your claim is resolved through a settlement or a court judgment. However, damages generally include:

Economic Damages

These are intended to cover financial losses caused by the harassment or assault, such as:

• Lost wages and benefits: Income you missed out on due to time off work, demotion, or wrongful termination
• Future lost earning capacity: If the harassment or assault harmed your career progression or employability
• Medical expenses: Costs for physical treatment, counseling, or therapy related to the incident
• Other out-of-pocket expenses, such as relocation costs if you had to leave your job or workplace

Non-Economic Damages

These compensate for the personal, non-financial harm suffered, including:

• Emotional distress: Anxiety, depression, PTSD, or loss of sleep resulting from the harassment or assault
• Loss of enjoyment of life: If the assault or harassment negatively affects your daily activities and relationships
• Pain and suffering: Mental anguish or trauma that may not have a direct financial cost but has a real impact on your well-being

Equitable Relief

Sometimes the most important remedies go beyond money. Courts may order:

• Reinstatement to your job if you were terminated or forced out
• Changes in workplace policies to prevent future harassment
• Training requirements for employees and supervisors
• Transfers or protective measures to ensure a safe work environment

Attorney’s Fees and Costs

In many harassment and discrimination cases, the law allows the prevailing employee to recover attorney’s fees and litigation costs, making it more accessible for individuals to pursue claims.

An attorney can help you determine what you may be eligible to recover.

Who Can I Hold Liable for a Workplace Sexual Assault?

Your employer has a legal responsibility to ensure your workplace is safe. If they failed to take reasonable steps to prevent sexual assault or harassment, they can be held liable. Employers may be responsible when they ignore warning signs, fail to enforce anti-harassment policies, or do not properly investigate complaints.

In addition to your employer, liability can also extend to:

• The Perpetrator: The individual who committed the assault is directly liable for their actions and may face both civil and criminal consequences.
• Supervisors or Managers: If a supervisor was aware of prior misconduct or failed to take appropriate action, they may share responsibility.
• Third Parties: In some cases, liability can extend to contractors, clients, or vendors if the assault occurs within the scope of a work-related interaction.

Ultimately, the law recognizes that workplace sexual assault is both a personal violation and a systemic failure if an employer does not act to provide a safe environment. Depending on the circumstances, you may be entitled to pursue claims against multiple parties.

What Laws Prevent Harassment and Assault in the Workplace?

Several federal and state laws are designed to protect employees from sexual harassment and assault in the workplace. These laws establish your rights, define your employer’s responsibilities, and provide avenues for accountability:

• Title VII of the Civil Rights Act of 1964: This federal law prohibits workplace discrimination based on sex, which includes sexual harassment and assault.
• Occupational Safety and Health Act (OSHA) Guidelines: OSHA requires employers to provide a workplace free from recognized hazards, including violence and harassment.
• Arizona Civil Rights Act (ACRA): ACRA prohibits sexual harassment and sex-based discrimination in all workplaces.
• Anti-Retaliation Protection: Arizona law prohibits retaliation against employees who oppose harassment or participate in investigations.
• A.R.S. 13-1406: Sexual assault is against Arizona law, which means your abuser can face both criminal and civil penalties.