Sexual assault in the workplace is a serious violation of an employee’s rights and personal safety. According to data from the U.S. Department of Justice, tens of thousands of workers experience sexual assault on the job each year. If you have been sexually assaulted at work, understanding your legal options is an important step toward seeking justice and holding the responsible parties accountable.
Workplace Protections Under Federal and Texas Law
Employees are protected from sex-based discrimination and harassment under both federal and state law. Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on sex, including sexual harassment. In Texas, the Texas Commission on Human Rights Act (TCHRA) provides similar protections and is modeled after federal law.
While these laws offer important safeguards, they can present challenges for victims. Claims filed under Title VII and the TCHRA are subject to strict deadlines, often much shorter than the standard statute of limitations for personal injury claims. Additionally, victims are generally required to complete administrative procedures before filing a lawsuit, and recoverable damages may be limited based on the employer’s size.
Sexual Assault vs. Sexual Harassment
Although sexual assault and sexual harassment are related, they are not always treated the same under Texas law. Sexual harassment often involves repeated unwanted conduct, comments, or behavior occurring over time. Sexual assault, on the other hand, may involve a single incident that causes significant physical and emotional harm.
The Texas Supreme Court clarified this distinction in B.C. v. Steak N Shake Operations, Inc. In that case, the court unanimously ruled that a victim of a single act of sexual assault committed by a supervisor may pursue a lawsuit directly in court without first completing the administrative procedures typically required under Title VII or the TCHRA.
Why This Legal Distinction Matters
This decision provides important benefits for workplace sexual assault victims. Depending on the circumstances, a survivor may be able to:
- File a lawsuit directly in court.
- Avoid certain administrative filing requirements.
- Pursue claims outside the strict deadlines that apply to harassment complaints.
- Seek compensation that exceeds the damage caps imposed under Title VII and the TCHRA.
Every case is unique, and the legal options available will depend on the specific facts and circumstances involved.
Speak With an Experienced Attorney Today
At Zimmerman Law Firm, we represent individuals who have suffered serious harm because of negligence, misconduct, or intentional wrongdoing. Our legal team handles a wide range of personal injury matters, including workplace injuries, child injury claims, motor vehicle accidents, dangerous products, premises liability cases, and sexual assault claims.
Workplace sexual assault cases often involve complex legal issues that may overlap with employment law, personal injury law, and premises liability law. Depending on the circumstances, employers, supervisors, property owners, or other parties may share responsibility for the harm suffered by a victim.
Our attorneys are committed to helping survivors understand their rights, investigate the facts, and pursue the compensation and accountability they deserve.
Taking action promptly can help protect your legal rights and strengthen your case. Contact Zimmerman Law Firm today to discuss your situation and learn how we can help you seek justice.
Michael Zimmerman
Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.
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