Empowering Employees: Reporting Sexual Assault In The Workplace

Sexual assault in the workplace is one of the most underreported issues in corporate America.

Every single day, employees throughout the country are harassed and assaulted at work. But they don’t report it. Why not? Well, reporting sexual assault in the workplace can seem like an insurmountable task when you’re concerned about keeping your job, your reputation, and your sanity.

Not to mention if you’re worried no one will believe you.

But here’s the thing…

Silence never solves a problem.

By not reporting, nothing will ever change.

There are organizations, like Kayla’s Survivors, that are out there doing their part to change the workplace reporting culture. They’re here to make sure sexual assault is never ignored, and to make sure employees know what steps to take in the event that it happens to them. These groups provide resources for sexual assault victims in the workplace, as well as advocacy groups that will fight alongside you for justice and healing.

Here’s EXACTLY how to report sexual assault in the workplace, and why it’s important that you do.

Let’s dive in.

Table of contents

Understanding Sexual Assault In The Workplace
Why Reporting Matters More Than You Think
The Barriers That Stop People From Coming Forward
Step-By-Step Guide To Reporting
Your Legal Rights And Protections
Final Thoughts On Breaking The Silence

Understanding Sexual Assault In The Workplace

Sexual assault in the workplace isn’t limited to physical violence.

Sexual assault can come in the form of unwanted sexual contact, sexual advances, or any other unwanted sexual behavior that makes someone feel uncomfortable in the workplace.

It can be sexual coercion, verbal sexual harassment, and yes, rape.

The truth is, it’s a serious problem.

It is a big enough problem that 38% of women and 14% of men have experienced it at some point in their careers.

But here’s the real kicker: most people don’t report sexual assault in the workplace.

Why? Because sexual assault in the workplace comes with a stigma attached that other workplace violations don’t.

When you report sexual assault in the workplace, it’s common for victims to fear:

Being blamed for what happened
Getting fired
Damaging their career
Not being believed
Employer retaliation

And unfortunately, these fears are justified.

Why Reporting Matters More Than You Think

Here’s the thing…

Reporting sexual assault in the workplace is SO MUCH MORE IMPORTANT THAN YOU THINK.

Reporting protects other victims, not just yourself.

See, your report is tangible evidence. A paper trail.

In many sexual assault cases, perpetrators have multiple victims. Other people have most likely gone through the same thing you have, but been too afraid to report. By reporting, you’re making a difference for all of those people too.

Reporting means the following will happen:

Your employer is legally obligated to investigate
Other victims will be encouraged to come forward
The offender will be held accountable for their actions
Your workplace will be safer for everyone

Another big reason reporting matters…

Reporting is the first step in your own healing journey.

By not reporting, you’re more likely to suffer anxiety, depression, PTSD, and an array of other mental health conditions. Reporting gives you back some semblance of control over your experience.

The Barriers That Stop People From Coming Forward

The statistics are terrifying.

72% of victims don’t report sexual assault in the workplace. For every 1 person that reports, there are 2 more victims out there suffering in silence.

What’s preventing them from coming forward?

Fear Of Retaliation

This is by far the number one reason sexual assault in the workplace goes unreported. Victims are afraid of their employer firing them, demoting them, or just generally making work hell for them.

The good news? Retaliation is illegal. Your employer cannot legally retaliate against you for filing a claim.

Not Knowing Who To Tell

This is another big one. Some employees don’t even know how to go about reporting sexual assault in the workplace. Who do you even report it to?

Human Resources? Management? The police? A lawyer?

The thought alone is overwhelming enough to keep someone from reporting.

Believing Nothing Will Change

A lot of victims assume nothing will happen if they report sexual assault in the workplace. They think their employer will cover it up, or believe the perpetrator over them.

Worse yet, some employees assume their employer will fire them rather than the perpetrator. They assume nothing will change.

They’re usually right. But at least by not reporting, they can guarantee nothing will change.

Step-By-Step Guide To Reporting

Okay, enough of this. It’s time to take action.

Follow the steps below if you’re ready to start the reporting process.

Document Everything

Before you even report sexual assault in the workplace, you should begin keeping a record.

Write down:

When the incident occurred
Where it happened
Who was involved
Any witnesses
How you felt

Keep any physical evidence you have as well. Texts, emails, other forms of communication. The more you have, the stronger your case will be.

Report To Your Employer

Most employers require that you report sexual assault in the workplace to Human Resources first. Consult your employee handbook for your specific company’s policies and procedures.

When you’re ready to report, make sure you are direct and don’t downplay what happened.

Include the following in your report:

A detailed account of what happened
Any documentation you have collected
Names of any witnesses
Request a formal investigation

File With The EEOC

If your employer does nothing or if you experience retaliation, file a complaint with the Equal Employment Opportunity Commission (EEOC).

The filing must be done within 180 days of the assault. But most states allow for an extended time period.

The EEOC will investigate your complaint and can even file a lawsuit against your employer on your behalf.

Consider Legal Action

If you’re going to hire a lawyer, now is the time to do it.

An employment lawyer with experience in sexual assault cases can help you:

Navigate the reporting process
Protect your rights as an employee
Negotiate with your employer for a settlement
File a lawsuit if necessary

Don’t stress about money. Most employment lawyers work on contingency. Meaning they only get paid if you win.

Seek Support

Reporting sexual assault in the workplace is exhausting.

You don’t have to go through it alone.

Get support from:

A therapist or counselor
Support groups for assault survivors
Your friends and family
Your company’s employee assistance program

It’s just as important that you take care of your mental health in the process.

Your Legal Rights And Protections

The truth is, you have more legal rights than you realize.

Here are the basics:

Title VII Protection

Title VII of the Civil Rights Act protects you from sexual assault in the workplace.

Your employer has the legal responsibility to:

Investigate all reports
Take action if the claims are true
Prohibit retaliation from other employees

If they don’t, they are in violation of federal law.

State Laws

Many states have specific laws on sexual assault in the workplace that go further than Title VII. Check your state’s labor department website to see if there are any additional protections for you.

Confidentiality

Your employer is also legally required to keep your report confidential. No sharing of information outside of who needs to know to investigate your claim.

If your employer gossips about your claim to others in the workplace, that is a violation of your rights.

Final Thoughts On Breaking The Silence

Reporting sexual assault in the workplace is one of the most difficult things you will ever have to do.

But it is SO important.

Reporting doesn’t just help you. Reporting makes workplaces better for everyone. Reporting lets perpetrators know they can’t get away with this kind of behavior anymore. Reporting gives other victims the courage to come forward.

Don’t forget:

Document everything you can
Know your legal rights and protections
Use all the tools and resources available to you
Don’t be afraid to speak up

Sexual assault in the workplace can only exist in silence. The more people that are willing to come forward, the harder it is to be an offender. Your voice matters more than you know.

If you or a friend or loved one needs help, reach out. Report it. Get support. Fight for yourself. Because no one should have to put up with this just to keep their job.