Sexual harassment frequently causes emotional distress and social disruptions. People facing harassment in the workplace may fear going to work in the morning due to their supervisor’s constant advances or the hostile work environment created by their coworkers.
Frequently, sexual harassment impacts a person’s earning potential and mental health. Occasionally, it can lead to physical injury and significant trauma if the harassment leads to sexual assault. Sexual assault can range from criminal sexual contact to rape offenses.
Those assaulted in the workplace have rights, but they have to understand their legal protections to make use of those rights. How can those assaulted in the workplace protect themselves?
Document what occurred
After a sexual assault in the workplace, it may be possible to secure video footage corroborating claims of what occurred or showing that the parties were alone in an unmonitored space. There may also be witnesses who see the unwanted sexual contact occur.
Securing the names of witnesses or notifying management to preserve camera footage can be helpful. Other times, the person assaulted may need to notify coworkers, supervisors and family members. They can document what occurred by taking photographs of their injuries and seeking a medical evaluation.
Talk with a lawyer
A sexual assault in the workplace involves both civil and criminal legal issues. It is a very complex matter that can be difficult for a person already traumatized by their recent experience to navigate without support.
An attorney can help determine if what occurred falls under state criminal statutes in New Mexico. They can also help advise the worker about their rights. In many cases, the business may need to take steps to protect the worker from continued abuse in the workplace by limiting their interaction with the assailant or taking other steps to protect the affected employee.
Legal representation can be critical during this process, as people traumatized by an assault may struggle to effectively assert themselves. The various options for justice could include seeking the prosecution of the person who committed the assault, filing a lawsuit against the assailant or pursuing a sexual harassment lawsuit against the company for failing to properly protect the worker assaulted on the job.
Those dealing with the immediate aftermath of a sexual assault in the workplace often want to put the whole matter behind them as quickly as possible, but doing so may deprive them of the justice that they deserve. Creating records of what occurred and discussing the situation with a skilled legal team can help those assaulted in the workplace understand and assert their rights.