North Carolina Workplace Sexual Assault Lawyers

Sexual assault can happen anywhere, and unfortunately, the workplace is a common environment for such incidents to occur. In fact, it happens more often than people may realize.

According to a study published in the American Journal of Preventive Medicine, nearly 10 million workers reported experiencing sexual violence from a job-related perpetrator over a two-year period.

No one should have to be afraid to go to work. That is why sex abuse attorneys at Rhine Law Firm, P.C. advocate for survivors and hold abusers accountable under the law. If you’re unsure if what happened to you or a loved one qualifies as sexual assault, or what options you have available to you to take action against the perpetrator, keep reading.

Defining Sexual Assault

Sexual assault (which is different from sexual harassment— we’ll define that below) is defined as the unwelcome touching of a person for sexual gratification, including:

• Unwanted kissing, touching, fondling, or groping
• Unwanted contact with the genitals of either party
• Rape or attempted rape

In a work setting, the perpetrator may promise an employee a promotion or a raise or threaten them with demotion or termination if they don’t comply with sexual activity. That is another form of sexual assault.

What is Consent?

Consent means to freely agree and desire to participate in a sexual act. If an individual is coerced, bribed, unsure, asleep, underage, mentally impaired, or under the influence of substances when a sexual act occurs, they cannot consent.

What Is Sexual Harassment?

Sexual assault falls under the umbrella of sexual harassment. Sexual harassment is a broad term that encompasses any unwanted sexual advances, including in a professional setting.

Beyond physical acts, sexual harassment can be unwelcome jokes, comments, or communication of a sexual nature. Between fiscal year 2018 and fiscal year 2021, the Equal Employment Opportunity Commission (EEOC) received more than 98,000 sexual harassment charges filed across the nation.

It’s important to include sexual harassment in the conversation about workplace sexual assault because protections provided under state and federal laws generally apply to all of these behaviors. Sexual harassment and assault can occur between individuals of the same gender. And the perpetrator is not always in a position of authority. They can be a peer, a subordinate, or even a client or customer.

Understanding Workplace Sexual Assault Laws in Wilmington

A few key state and federal laws are in place to protect against sexual harassment at work and in schools, churches, healthcare facilities, and other institutions.

Civil Rights Act of 1964

Title VII of the federal Civil Rights Act applies to private and public employers with 15 or more employees. It protects employees (and applicants) from employment discrimination based on race, color, religion, sex, and national origin.

Equal Employment Practice Act

At the state level, North Carolina workers and applicants are protected from discrimination or abridgement at work because of their race, religion, color, national origin, age, sex, or disability under the Equal Employment Practice Act.

Sexual assault survivors should know that in addition to being unlawful in a civil context, many sexual offenses are also criminal in nature. Victims of sexual assault can choose to report sexual assault to the proper authorities, report the assault to their employer, and even sue the perpetrator in civil court.

Criminal and civil cases can proceed simultaneously. The Wilmington workplace sexual assault lawyers at Rhine Law focuses on the civil side of your case.

Types of Civil Workplace Sexual Assault Cases

Civil workplace sexual assault cases serve a different purpose than criminal claims. The goal of a civil case is to seek compensation for injuries caused by another person’s behavior. Here are some examples:

Harassment by Coworkers or Supervisors

Harassment includes unwelcome conduct based on certain protected categories: age, disability, color, genetic information, national origin, race, religion, and sex. Name calling, offensive pictures or jokes, intimidation and physical threats or assault can be harassment. These behaviors become unlawful when enduring them jeopardizes employment or creates a hostile work environment.

Hostile Work Environment Claims

A hostile work environment is one where an individual or group’s words and actions severely impact another person’s ability to do their job. It does not have to be a supervisor or manager creating a toxic workplace. It can be anyone across the chain of command, regardless of title or seniority.

Retaliation Against Victims Who Report Assault

North Carolina law protects those who speak out against workplace sexual assault. Retaliation against them is prohibited, along with retaliation against someone for filing or participating in a sexual harassment complaint or investigation.

Employer Liability for Failure to Report Sexual Assault

Employers have a duty to provide a safe work environment. While they cannot always predict or prevent a person from sexually harassing others, they should take complaints seriously. Once notified, they must take necessary steps to end the behavior and enforce disciplinary actions against the abuser.

Legal Steps for Filing a Workplace Sexual Assault Lawsuit

If you believe you are a victim of workplace sexual assault, an initial consultation and case assessment with a Wilmington sex abuse attorney is the first step. During this meeting, we discuss your situation and document the incident.

Together, we begin gathering evidence to determine if you qualify for a civil claim under North Carolina law. If you haven’t already, we recommend reporting the event to the proper authorities. That generally starts with your employer, and depending on what transpired, may include law enforcement as well.

Many workplace sexual harassment claims are resolved by a voluntary settlement between the employer and the victim. This can be beneficial in terms of saving time, stress, and court costs. But not all employers are willing to cooperate. Some dig their heels in and go as far as to deny assault occurred, or they only agree to a low settlement amount. If this is the case, we are prepared to take your case to court to get you the justice you deserve.

Seeking Compensation and Damages

Damages for a civil lawsuit for workplace sexual assault include compensation for economic damages and non-economic damages.

Economic wages:

• Lost wages
• Future income
• Medical expenses and counseling bills

Noneconomic damages:

• Pain and suffering
• Mental anguish
• Diminished quality of life

Sexual trauma can have a far-reaching impact on every aspect of a survivor’s life. Victims should receive full and fair compensation for their physical, mental, and financial losses. At Rhine Law, we’ll fight to get you every penny you deserve.

Why Choose Rhine Law Firm for Workplace Sexual Assault Cases?

Sexual assault can be one of the most traumatic events a person can experience in a lifetime. Speaking out about sexual trauma is not easy, but it is critical to stop the cycle of abuse and hold perpetrators responsible.

Rhine Law is committed to protecting and advocating for the most vulnerable individuals in our society. We use every legal remedy available to recover full compensation for victims of sexual assault. Our attorneys treat workplace sexual assault cases with discretion and sensitivity, protecting your confidentiality as much as possible through every step of the process.

You are not alone, and help is available. Wilmington workplace sexual assault lawyers at Rhine Law focus on holding predators and the institutions where they hide accountable. Call 910-772-9960 or connect online to schedule a free initial consultation today. Based in Wilmington, Rhine Law represents clients across New Hanover County and throughout the state of North Carolina.