issues

Sexual Harassment & Assault

Despite headline-grabbing lawsuits, sexual harassment is still rampant in American workplaces. If someone is making you uncomfortable at work, you shouldn’t have to suffer in silence.

Workplace harassment and assault can happen to anyone. If you’ve faced this, there are ways to stand up for your rights.

 

Sexual harassment isn’t just about sex—it’s about power.

The harasser can be any gender, and it doesn’t matter if they are a coworker, a supervisor, or even a client or vendor. Your employer is responsible for protecting you from harassment on the job.

This protection generally extends to spaces outside the workplace, such as conferences and company events. It doesn’t need to happen in a physical workplace to be unlawful—it can be over email, text, phone call, social media, video meeting, instant message, and even physical mail.

Depending on where you live, state and local law may provide this protection even if you are a freelancer, independent contractor, temporary employee, small business employee, home worker, or undocumented immigrant.

Identifying Harassment

Most people today can recognize at least some forms of sexual harassment. Unwanted touching, requests for sexual favors, lewd comments and gestures, and sexualized jokes are all common examples.

Sexual harassment can be hard to fend off, especially when the person who does it holds a position of authority. Victims often feel pressured to give in out of fear of retaliation for saying no.

Your Voice Matters

For many years, employers have used various legal tools to silence victims of sexual harassment and assault. Employers frequently use mandatory arbitration agreements and non-disclosure agreements (NDAs) to keep these disputes secret.

Many of these tools are now illegal. In 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act and the Speak Out Act to help victims fight back.

If you’re worried about your ability to speak about something that happened to you, it’s important to understand that your employer cannot legally prevent you from talking to a lawyer.

When Sexual Assault Happens at Work

It’s an unfortunate truth that sexual assaults happen in the workplace. The behavior can range from unwanted touching to rape—and its impact can be both severe and long-lasting.

Many people do not report sexual assault right away. They may not be ready to admit what happened to them, or they might be worried about the impact of coming forward on their career or personal relationships.

Like sexual harassment, sexual assault can happen to anyone, no matter your gender or gender identity.

We’re Here to Help

If you’ve been sexually harassed or assaulted by someone you work with, you should talk to someone about it. There are resources to get help, including legal assistance.

Legal claims for harassment and assault have strict deadlines, also called statutes of limitations. It’s better to contact a lawyer sooner rather than later to protect your options. Even if you decide not to pursue a claim, your discussion with us is confidential and protected by attorney-client privilege.

Outten & Golden has helped many people move forward with their lives while holding harassers and employers accountable. The first step is to reach out for help.

Framing the Issue

  • Sexual harassment and assault are pervasive in American workplaces: 40% of women will be sexually harassed at work in their lifetimes, according to McKinsey’s Women in the Workplace 2024 report.
  • Even though the #MeToo movement has led to better global awareness of workplace power dynamics, sexual harassment is as common today as it was five years ago, McKinsey says.
  • For decades, companies used legal tools like forced arbitration agreements and nondisclosure agreements (NDAs) to prevent victims from speaking out. Many of these agreements are now banned nationally.
  • Sexual harassment and assault can have a lasting impact on your career and finances, including physical and mental trauma, medical costs, withdrawal from work and social life, retaliation, career changes, and lost benefits.
  • Most survivors of sexual assault do not report it—only 1 in 3 victims go to the police, according to the Rape, Abuse & Incest National Network. Men are even less likely to report sexual assault.
  • Survivors might not report sexual violence for fear of retaliation or not being believed, wanting to pretend it didn’t happen, or concerns that speaking up will do nothing. But silently suffering brings trauma too. Help is available.

Notable Matters

  • Reached a $215 million settlement in a class action alleging Goldman Sachs’ sexualized culture and discriminatory policies prevented women from advancing in their careers at the bank. 
  • Represented the lead plaintiff in Schieffelin v. Morgan Stanley, a landmark harassment case that settled for $54 million. It was the Equal Employment Opportunity Commission’s first-ever sex discrimination lawsuit. 
  • Obtained a nearly $55 million settlement for victims of sexual harassment and discrimination case against Activision Blizzard who challenged the video game maker’s “frat bro” culture. 
  • Represented a young female assistant who alleged severe sexual harassment by a renowned Hollywood screenwriter and director. 
  • Settled claims of an entry-level employee who was sexually harassed by an executive director of a prominent media and entertainment studio. 
  • Represented female professional athletes who accused a national sports league of failing to protect players from coaches’ sexual harassment and abuse. 
  • Settled a lawsuit filed by a National Hockey Leage cheerleader who was fired after warning others that a team executive was a sexual predator. 
  • Resolved a female executive’s lawsuit claiming a major trade association ignored reports of sexual harassment and fired her for raising discrimination concerns. 
  • Represented an Uber employee who was sexually harassed and inspired to come forward after a highly-publicized 2017 blog post by Susan Fowler detailed its systemic gender discrimination and hostile workplace culture. 

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Is a coworker making you uncomfortable at work because of your gender?

If you’ve been sexually harassed or assaulted by a manager or coworker, you shouldn’t have to suffer in silence.

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