Sexual Assault in the workplace
Doyle Dennis Avery LLP has fought for the rights of victims of sexual assault in the workplace. Thousands of sexual assaults occur in the workplace throughout the United States. These disturbing numbers show a devastating pattern – employees commonly face sexual assault as part of their daily job activities. This systemic and prevalent part of the labor industry has become a serious danger that many Americans face on a daily basis.
Can I sue my employer for Sexual Assault?
If you have been sexually assaulted by an employee, customer, co-worker, superior or supervisor, while on-the-job, you may have a claim against your employer. The Texas Supreme Court has addressed the scope of sexual assault claims in two cases – B.C. v. Steak N Shake Operations, Inc., 512 S.W.3d 276 (Tex. 2017) and Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010). In particular, the Courts have noted that where the gravamen of complaint is sexual harassment, the employee must file a claim under the THRCA for sexual harassment. However, where a claim if for sexual assault or rape, the victim may file a claim directly against their employer.
What claims can I make?
A victim of sexual assault may be able to assert claims for assault, battery, intentional infliction of emotional distress, negligence, negligent supervision, hiring, training, and retention. I addition, because assault is an intentional tort, the employee may need to show that the act was ratified by the employer or that the criminal was sufficiently high in the company to qualify as a vice-principal.
Time to file a claim
Texas law generally applies a 5-year statute of limitations for claims related to sexual assault. In addition, if a victim is under 18, the statute of limitations is likely to be 10-years from the time that the victim turns 18.
What types of damages are available?
An employee who has filed a lawsuit for sexual assault may recover pain and suffering, mental anguish, impairment, lost wages, medical benefits, disfigurement, and punitive damages.
Should I hire a lawyer?
Dealing with sexual assault can be a petrifying and isolating experience. When employers violate the law, employees call Doyle Dennis Avery LLP. Our firm has significant experience representing employees, including a $7.8 million verdict in Gillies v. Valaris PLC, a $1.7 million verdict in Ball v. Alleyton Resource Company, a $1.9 million verdict in Reginald Newberne v. Dept. of Public Safety, and a $6.5 million verdict in Gomez v. Memorial Hermann Hospital System. If you would like to learn more about our firm or schedule a free consultation, contact us today.
