If you’ve been sexually assaulted at work, your first moves are to get safe, get medical care, preserve evidence, and protect your legal options by reporting the assault in writing and filing a charge with the Equal Employment Opportunity Commission within the deadline. Workplace sexual assault is both a crime and a violation of federal employment law, so you have two separate tracks available — criminal prosecution through the police, and a civil claim under Title VII of the Civil Rights Act of 1964.1U.S. Equal Employment Opportunity Commission. Title VII of the Civil Rights Act of 1964 Neither one blocks the other. What you do in the first hours and days shapes every option that follows.
The First Hours: Safety, Medical Care, Evidence
If you are in danger, call 911. Once you are physically safe, go to a hospital or urgent care even if you don’t think you were injured. A medical exam creates a dated, independent record of the assault that carries real weight later, in both criminal and civil proceedings. Ask the provider to note any injuries, your emotional state, and what you describe. If the assault was recent, request a forensic exam. Under the Violence Against Women Act, hospitals cannot charge you for one.
Then start preserving evidence. Save every text, email, voicemail, and internal chat connected to the perpetrator. Screenshot anything that could be deleted — direct messages on workplace platforms disappear when accounts are closed, and perpetrators delete threads. Write down what happened as soon as you can: date, time, place, exact words, what was done, who else was there or nearby. A same-day written account is far more persuasive than one reconstructed weeks later, because memory degrades fast. Note the names and contact details of anyone who witnessed any part of what happened.
If you need to talk to someone who understands what you’re facing, RAINN runs the National Sexual Assault Hotline at 800-656-4673, with live chat at rainn.org. Counselors can walk you through your reporting options and connect you with local resources before you commit to anything.
Deciding Whether to Call the Police
Sexual assault is a crime in every state, and you can file a police report at any time. Doing so does not prevent you from also filing with the EEOC or suing your employer. The criminal case runs on a completely separate track, handled by prosecutors rather than by you.
A police report is useful even if charges never follow. It creates an official record with a case number, a timestamp, and a sworn statement, all of which strengthen a later civil claim. If the perpetrator is charged and convicted, that conviction can be strong evidence in your civil case. But a conviction isn’t required to win a civil case. Criminal prosecution requires proof beyond a reasonable doubt; civil employment claims use preponderance of the evidence, meaning “more likely than not.” Plenty of civil claims succeed when no criminal charges are ever filed.
Whether to report to police is your decision. Some survivors find the process empowering; others find it retraumatizing. A victim advocate — available through RAINN or your local district attorney’s office — can tell you what to expect before you decide.
Reporting to Your Employer in Writing
Most companies have a sexual harassment policy that names specific people, usually in HR or compliance, authorized to receive reports. Follow the procedure in your employee handbook, but do it in writing. An email creates a paper trail; a closed-door conversation does not. Record the date you reported, who received the report, and what they told you would happen next.
Once you report, the employer has a legal duty to investigate promptly and take corrective action. If the perpetrator is your direct supervisor, the policy should offer an alternative route: a different manager, an HR director, or a corporate ethics hotline. If there’s no written policy, or no clear alternative, report to anyone in management above the perpetrator.
Internal reporting does not replace an EEOC charge, and it does not start or stop your EEOC deadline. But skipping it can hurt your case. Under federal law, when a supervisor creates a hostile environment without a tangible job consequence like firing or demotion, the employer can defend itself by showing it had reasonable complaint procedures that you unreasonably failed to use.2U.S. Equal Employment Opportunity Commission. Federal Highlights Reporting in writing takes that defense away. When the perpetrator is a coworker, client, or contractor rather than a supervisor, your internal report is also what triggers the employer’s legal obligation to act — the company is liable only if it knew or should have known about the conduct and failed to respond.3U.S. Equal Employment Opportunity Commission. Harassment
Filing a Charge with the EEOC
Before you can sue under Title VII, you must file a Charge of Discrimination with the EEOC. This is a legal prerequisite, not a formality.4U.S. Equal Employment Opportunity Commission. How to File a Charge of Employment Discrimination The process starts through the EEOC’s online Public Portal, where you answer questions that help the agency confirm it has jurisdiction over your employer. A staff member then drafts a formal charge based on your answers, which you review and sign online.
One boundary to be aware of: Title VII only applies to employers with 15 or more employees.5Office of the Law Revision Counsel. 42 USC 2000e – Definitions If you work for a smaller employer, the federal path may not be open to you, but most states have their own employment discrimination laws that cover smaller businesses. State law is worth checking either way.
The Deadline Is Short
You generally have 180 calendar days from the date of the assault to file your charge. If your state has its own fair employment agency that prohibits the same conduct, that window extends to 300 days.6U.S. Equal Employment Opportunity Commission. Time Limits for Filing a Charge Most states have such an agency, so 300 days applies more often than not. Don’t assume. Miss the deadline and your federal claim usually dies entirely.
After You File
Once your charge is filed, the EEOC notifies the employer and may invite both sides to mediate. Mediation is free, voluntary, and confidential; if it resolves the dispute, no investigation happens.7U.S. Equal Employment Opportunity Commission. Resolving a Charge If mediation is declined or fails, the agency opens a formal investigation that can include witness interviews and personnel records. Investigations commonly take six months to a year, sometimes longer.
You don’t have to wait for the EEOC to finish. After 180 days, you can request a Notice of Right to Sue, which lets you take the case to court. In some situations the EEOC will issue the notice earlier.8U.S. Equal Employment Opportunity Commission. What You Can Expect After You File a Charge Once you receive the notice, you have exactly 90 days to file a federal lawsuit.9Office of the Law Revision Counsel. 42 US Code 2000e-5 – Enforcement Provisions Courts routinely dismiss cases filed on day 91. Most people retain an employment attorney at this stage, often on contingency.
If Your Employer Retaliates
Federal law makes it illegal for your employer to punish you for reporting sexual assault or taking part in an investigation. Title VII prohibits discrimination against anyone who has filed a charge, testified, assisted, or participated in any proceeding under the statute.10Office of the Law Revision Counsel. 42 US Code 2000e-3 – Other Unlawful Employment Practices Retaliation includes firing, demotion, suspension, poorly timed negative performance reviews, schedule changes meant to push you out, threats, and any other action likely to discourage a reasonable person from coming forward.11U.S. Department of Labor. Retaliation for Protected EEO Activity Is Unlawful
Retaliation is a separate violation with its own remedies, including back pay, reinstatement, and compensatory damages. You don’t have to prove the underlying assault to win a retaliation claim. You only have to show that you engaged in protected activity, such as filing a report, and that your employer took adverse action because of it. Retaliation claims are more common than the underlying discrimination claims at the EEOC, and they often succeed even when the original claim does not. The protection also covers coworkers who serve as witnesses or support your claim.
What You Can Recover
A successful Title VII claim can produce several kinds of financial recovery. Back pay covers wages lost because of the assault or retaliation. Front pay covers future lost earnings when returning to the job isn’t practical. Compensatory damages cover out-of-pocket costs like therapy and medical bills, plus emotional distress and loss of enjoyment of life. Punitive damages are available when the employer’s conduct was especially reckless or malicious. The court can also order the employer to pay your attorney’s fees and court costs.12U.S. Equal Employment Opportunity Commission. Remedies for Employment Discrimination
Federal law caps compensatory and punitive damages combined, scaled to employer size:13Office of the Law Revision Counsel. 42 US Code 1981a – Damages in Cases of Intentional Discrimination in Employment
- 15 to 100 employees: $50,000
- 101 to 200 employees: $100,000
- 201 to 500 employees: $200,000
- More than 500 employees: $300,000
The caps don’t apply to back pay, front pay, or attorney’s fees. Many state employment discrimination laws have higher caps or no caps at all, and an attorney can file state and federal claims in the same lawsuit to broaden what you can recover. Courts can also order non-monetary relief: revised anti-harassment policies, management training, removal of the perpetrator from the workplace, and ongoing regulatory oversight.
Keeping Your Documentation Organized
Strong claims are built on organized records. Keep a chronological log of every incident with dates, times, locations, what was said and done, and who was present. Add to it every time something new happens, including any retaliation, HR responses, and follow-up conversations.
Preserve digital evidence as you go. Screenshot emails, texts, workplace platform messages, photos, and voicemails rather than relying on originals that others can delete. If security cameras cover where an incident occurred, tell your employer in writing that you want the footage preserved before it is automatically overwritten.
When you file with the EEOC, you’ll need your employer’s exact legal name as it appears on pay stubs or tax documents, the employer’s address, and a rough count of how many people work there. That count determines both whether Title VII applies and which damage cap governs your claim.5Office of the Law Revision Counsel. 42 USC 2000e – Definitions Keep your written account factual and specific. The investigator will ask clarifying questions; you don’t need to build the legal theory yourself.