How Common is Sexual Assault in the Workplace?

A lot has to line up perfectly before you’re hired for any job. First, you have to be aware of the job opening. In a crowded job marketplace, it is easy to be overwhelmed by all the potential job opportunities. Once you find a job that aligns with your needs and skills, you must convince the management staff that you would be the best pick for the position.

That means competing against dozens of other candidates vying for the same position.  

When you pass all those hurdles and land the gig, all you want is a safe and supportive workspace where you can accomplish the tasks you were hired for.

Unfortunately, for some employees, incidents of sexual harassment and assault have become all too real. It’s even worse when the company is made aware of these assaults and does nothing of substance to protect the victim.  

If you’re the victim of sexual harassment or assault at your job, you deserve to be heard.

The attorneys at Hendrickson & Long, PLLC, have supported many clients who find themselves on the receiving end of unwanted harassment and assault. We understand the sensitive nature of these types of assault and will always provide strong advocacy for our clients who have gone through these traumatic occurrences.  

Defining Sexual Harassment versus Assault

How common is sexual harassment and assault in the workplace? Although these two terms are often conflated, it is essential to understand that they’re two distinct areas of abuse.  

Sexual Harassment 

Under federal law, which is managed by the U.S. Equal Employment Opportunity Commission (EEOC), it is unlawful to harass an employee or applicant for a job. The EEOC defines sexual harassment as any of the following behaviors:  

• Unwelcome sexual advances 

• Requests for sexual favors, 

• Verbal or physical harassment of a sexual nature 

• Inappropriate statements 

• Lewd gestures 

• Leering behavior 

• Sexually explicit jokes, emails, or texts 

• Sharing offensive objects or images 

It is important to note that sexual harassment is defined by the impact it has on the victim and not the intent of the person conducting the acts.

In other words, how has the victim been made to feel due to the actions? The abuser might think they were just engaged in “harmless flirting,” but if any of that is unwelcome, it is considered harassment.  

According to data collected by the EEOC, the agency received 27,291 charges alleging sexual harassment between 2018 and 2021 nationwide. Additionally, statistics collected by the National Sexual Violence Resource Center (NSVRC) find that 38% of all women and 14% of all men have reported experiencing some form of sexual harassment at work.

More alarming is the fact that 85% of people who experience sexual harassment never file a formal complaint.  

Sexual Assault 

If sexual harassment is more verbal abuse, then sexual assault crosses the line into physical contact.

These are the types of non-consensual acts that would be considered sexual assault:  

• Groping 

• Forced sexual acts 

• Rape or attempted rape 

• Unwanted touching 

Too often, assault happens as a form of quid pro quo. That is when the victim is coerced into the sexual act because their job is threatened or they are told it is the only way they can advance in the company.

The perpetrator might believe this is a form of consent, but it is coercion and illegal.  

NSVRC, there were an estimated 734,630 sexual assaults in the country. While there were no specifics about where these assaults took place, 40.8% of the female victims of rape reported an acquaintance attacked them.  

Who to Hold Accountable

Victims of workplace sexual assault will often experience a type of trauma that will last far longer than any physical wounds. That trauma can impact their ability to focus on work and cause fractures in their personal relationships.

A small measure of comfort can be found in holding those responsible for the assault accountable. The primary at-fault party is the person who committed the assault.

You might also be able to demonstrate that the company where the assault took place is also partially responsible if they knew about the perpetrator’s history of assaults and failed to take reasonable steps to prevent it.  

Hendrickson & Long, PLLC has helped many clients find justice in the form of compensation for the trauma of a sexual assault. If we take on a claim like this, we will thoroughly investigate the circumstances, the personal and the company’s protocols that led to the assault.

We work closely with our clients to develop a fair and reasonable compensation number that we will diligently pursue on their behalf.  

If you’ve been the target of sexual harassment or assault in the workplace, we want to hear from you. Call to set up a confidential consultation today.