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Experiencing sexual assault at work leaves lasting harm that affects your career, confidence, and sense of safety. In Jupiter, Florida, employees have legal rights to hold perpetrators and employers accountable when violations occur. A Jupiter FL, workplace sexual assault lawyer from Brenton Legal can help you take action through both criminal and civil channels to pursue justice and financial recovery.
Sexual assault cases in the workplace often involve complex layers of criminal law, employment law, and civil rights protections. The legal process requires experienced representation from attorneys who understand how Florida and federal laws interact in these sensitive cases. Brenton Legal provides compassionate and strategic advocacy for employees in Jupiter and throughout Palm Beach County.
Key Takeaways: Sexual Assault in the Workplace
- Workplace sexual assault is a criminal act and a civil rights violation under Florida and federal law, giving victims multiple legal pathways for justice and compensation
- Employers can be held liable for workplace sexual assault if they knew or should have known about the danger and failed to take appropriate action
- Victims have strict deadlines to file claims with the EEOC (300 days) and Florida Civil Rights Commission (365 days), making prompt legal action essential
- Florida law protects employees from retaliation when reporting sexual assault, and retaliation itself creates additional legal claims
- Survivors may recover compensation for lost wages, emotional distress, medical expenses, and punitive damages through civil claims, separate from any criminal prosecution
What Constitutes Workplace Sexual Assault Under Florida Law?
Sexual assault involves intentional, non-consensual touching of a sexual nature. This can include unwanted physical contact, coercion, or forced sexual acts. In a workplace, it can occur between coworkers, supervisors, clients, or vendors and may take place in offices, company vehicles, or off-site business events.
Florida Criminal Statutes That Apply to Workplace Sexual Assault
Florida law defines sexual battery as non-consensual sexual contact using force, threats, or intimidation. Depending on the severity, charges may range from misdemeanors to first-degree felonies. Some relevant statutes include:
- Florida Statute § 794.011: Defines sexual battery and outlines penalties based on factors such as age and use of force
- Florida Statute § 775.082 and § 775.083: Establish criminal penalties and sentencing guidelines
- Florida Statute § 440.205: Protects workers from retaliation after filing workplace-related claims
The Difference Between Sexual Harassment and Sexual Assault
Sexual harassment involves unwelcome verbal or non-physical conduct of a sexual nature, while sexual assault includes physical acts. Both are unlawful, but sexual assault carries criminal penalties in addition to civil consequences.
Examples of Workplace Sexual Assault
Workplace sexual assault can occur anywhere, from a restaurant in Abacoa Town Center to a healthcare office near Jupiter Medical Center. Examples include:
- A manager forcing physical contact during a company event
- A coworker groping another employee in a break room
- A client coercing sexual acts under threat of job loss
- Unwanted physical advances during a business trip
What Are Your Legal Rights as a Victim of Workplace Sexual Assault in Florida?
Employees in Jupiter have protections under state and federal law to seek justice after sexual assault at work. These rights allow victims to pursue both criminal charges and civil claims for damages.
Protection Under Title VII of the Civil Rights Act
Title VII prohibits workplace discrimination based on sex. Courts recognize sexual assault as a form of sex discrimination because it creates a hostile work environment. Victims can file complaints with the Equal Employment Opportunity Commission (EEOC).
Florida Civil Rights Act (FCRA) Protections
The FCRA mirrors federal law and extends protection to employees working for smaller employers. It allows claims against businesses with at least 15 employees and offers remedies similar to Title VII.
Your Right to File a Criminal Complaint
Victims may report the assault to local law enforcement, leading to criminal prosecution. The Palm Beach County Sheriff’s Office and Jupiter Police Department handle these investigations.
Your Right to File a Civil Lawsuit
In addition to criminal prosecution, victims can bring civil lawsuits for damages against the perpetrator and possibly the employer if negligence or indifference contributed to the assault.
Protection from Retaliation Under Florida Law
Florida law prohibits employers from punishing employees who report sexual assault or participate in investigations. Retaliation may include termination, demotion, or harassment after a report.
Who Can Be Held Liable for Workplace Sexual Assault?
Multiple parties may bear responsibility when sexual assault occurs at work. Liability depends on who committed the assault and how the employer responded.
Employer Liability in Florida
Employers may be liable if they knew or should have known about the risk and failed to act. Negligent hiring, lack of background checks, or ignoring previous complaints can lead to employer liability.
Individual Perpetrator Liability
The person who committed the assault holds direct liability. Victims can pursue criminal charges and separate civil actions for damages.
Third-Party Liability
Sometimes, the perpetrator is not a coworker but a customer, vendor, or contractor. Employers may still be liable if they allowed access to unsafe individuals or ignored known dangers.
Vicarious Liability Standards
Under vicarious liability, employers may be responsible for the actions of supervisors or employees acting within the scope of their employment. Courts evaluate whether the employer benefited from the employee’s role or ignored clear risks.
How Do You Report Workplace Sexual Assault in Jupiter, FL?
Reporting sexual assault in the workplace starts a process that can lead to accountability and compensation. The steps depend on whether you pursue internal, administrative, or criminal action.
Internal Reporting to Your Employer
Most employers have policies for reporting misconduct. Victims should submit written complaints to HR or upper management and keep copies of all communication.
Filing a Complaint with the EEOC
A charge must be filed with the EEOC within 300 days of the assault. The EEOC investigates and may issue a “Right to Sue” letter, allowing the victim to file a lawsuit in federal court.
Filing a Complaint with the Florida Commission on Human Relations
Victims have 365 days to file a complaint with the FCHR under state law. The agency reviews complaints under the Florida Civil Rights Act and coordinates with the EEOC when necessary.
Reporting to Law Enforcement
Victims can report the assault to local police. For instance, an employee attacked at a retail store along Indiantown Road could contact the Jupiter Police Department to initiate a criminal investigation.
Preserving Evidence for Your Case
Documentation strengthens legal claims. Keep text messages, emails, witness names, and any medical or HR records that support your report.
What Damages Can You Recover in a Workplace Sexual Assault Case?
Victims may recover both economic and non-economic damages through civil lawsuits. The goal is to restore what was lost and hold wrongdoers accountable.
Economic Damages Available Under Florida Law
Economic damages cover financial losses that stem directly from the assault and its aftermath. These losses often appear in employment records, medical bills, or documentation from healthcare professionals. Common examples include:
- Lost Wages and Future Earnings: Many victims need time away from work to recover or may be forced to leave their jobs entirely. A civil claim can seek compensation for lost income, reduced earning potential, and missed career advancement opportunities.
- Medical and Therapy Costs: Survivors frequently require medical care, counseling, or trauma therapy. Claims may include reimbursement for hospital visits, medications, psychological counseling, and ongoing treatment related to emotional recovery.
- Relocation and Security Expenses: Some individuals relocate or invest in added safety measures to avoid further contact with the perpetrator. Courts may consider the cost of moving, changing phone numbers, or modifying a residence to increase safety.
- Job Search and Retraining Costs: If returning to the same work environment becomes impossible, survivors may recover the cost of retraining or job placement programs that help them rebuild their professional lives.
Economic damages create a clear financial record of how the assault impacted a person’s livelihood and well-being. These tangible losses often represent only part of the overall harm.
Non-Economic Damages
Non-economic damages compensate for the personal and emotional impact that doesn’t show up in receipts or financial statements. While these damages don’t have a fixed monetary value, they acknowledge how the assault affects a survivor’s quality of life.
- Emotional Trauma: Sexual assault often leads to depression, anxiety, sleep disturbances, and post-traumatic stress. Courts can assign a financial value to these experiences based on testimony from medical experts and mental health professionals.
- Loss of Enjoyment of Life: Many victims lose interest in activities, relationships, or goals that once brought fulfillment. Compensation may address this loss of enjoyment and personal satisfaction.
- Humiliation and Reputational Harm: Assaults in the workplace can cause embarrassment and public stigma. Non-economic damages help recognize how those emotional injuries affect a person’s confidence and social standing.
- Pain and Suffering: This broad category covers ongoing emotional and psychological pain resulting from the trauma of the assault and the process of recovery.
Non-economic damages play a crucial role in restoring dignity and providing acknowledgment of the pain survivors endure beyond measurable financial losses.
What Are the Time Limits for Filing a Workplace Sexual Assault Claim in Florida?
Deadlines vary depending on the type of claim filed. Missing these time limits may prevent recovery, so prompt action is essential.
EEOC Filing Deadlines
Employees have 300 days from the date of the assault to file a federal complaint with the EEOC.
Florida Civil Rights Act Statute of Limitations
Under the FCRA, employees must file with the Florida Commission on Human Relations within 365 days.
Civil Lawsuit Filing Deadlines
Victims generally have four years to file a civil lawsuit for assault or negligence.
Criminal Statute of Limitations in Florida
Depending on the offense, sexual battery charges may have no time limit or may be filed within several years of the event.
Why You Must Act Immediately Action
Early reporting helps preserve evidence, protect rights, and improve the likelihood of a successful outcome.
How Our Attorneys Can Help
Brenton Legal represents survivors of workplace sexual assault with compassion and dedication. Our team supports clients through every stage of the process.
Comprehensive Case Evaluation
We review your experience, identify potential claims, and explain legal options under both state and federal law.
Investigation and Evidence Gathering
We collect witness statements, records, and digital evidence to build a strong case for liability and damages.
Navigating Administrative Proceedings
Our attorneys handle communications with agencies such as the EEOC and the FCHR, ensuring compliance with filing deadlines.
Negotiating Settlements
We pursue fair settlements that reflect the true extent of harm suffered, while preparing each case as if it may go to trial.
Litigation and Trial Representation
If settlement negotiations fail, we represent clients in court with the goal of achieving accountability and meaningful recovery.
Protecting You from Retaliation
We monitor employer actions after reports to prevent illegal retaliation and seek additional relief if retaliation occurs.
Coordinating with Criminal Proceedings
We collaborate with law enforcement and prosecutors to ensure that civil and criminal cases align for the strongest outcome possible.
Frequently Asked Questions About Workplace Sexual Assault Claims
Can I be fired for reporting workplace sexual assault in Florida?
No. Retaliation for reporting sexual assault violates both state and federal law. Employers who fire or discipline workers for reporting may face additional legal claims.
Do I have to report the assault to my employer before filing a lawsuit?
While internal reports often strengthen cases, victims may still pursue legal action even if they didn’t use internal channels, especially if reporting would have been unsafe or futile.
Can I sue my employer even if the assault was committed by a coworker or customer?
Yes. Employers can be liable if they failed to prevent or correct harassment or if they allowed unsafe conditions that led to the assault.
What if the sexual assault happened at a work event outside the office?
Workplace assaults at off-site events, such as company retreats or business dinners, still fall under employment law if attendance was related to your job.
Will my case become public if I file a claim?
Many cases resolve confidentially through settlements. Court filings, however, may become public records, though identifying details can sometimes be sealed.
Contact Our Workplace Sexual Assault Lawyers in Florida Today
Brenton Legal provides confidential legal guidance for employees who have experienced workplace sexual assault in Jupiter or anywhere in Florida. We approach every case with compassion, skill, and determination to secure justice for survivors.
Call (954) 639-4644 today to schedule a free consultation and learn how we can protect your rights, pursue compensation, and help you take back control of your future.
Our experienced legal team also handles clients with other types of employment cases, including:
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