A sexual harassment claim is a legal claim by someone subjected to unwelcome sexual conduct, such as advances, demands, touching, comments or retaliation for refusing, by a supervisor, coworker, landlord, teacher or other person with power over them. Depending on the setting, it can proceed through a government agency, as a civil lawsuit, or both, and when the harassment included sexual assault, a personal injury claim for the assault itself.
Blank Kim Injury Law helps people across Northern Virginia understand which path fits, from offices in Tysons and Reston to restaurants, warehouses and job sites along Route 28 and the Dulles corridor. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish, which matters in workplaces where harassers count on a language barrier.
If harassment has become assault
If you have been touched, cornered or assaulted, your safety comes first. Call 911 in an emergency. The RAINN National Sexual Assault Hotline, 1-800-656-4673, offers confidential support at any hour and can connect you with a local advocate. If the person harmed is under 18, contact Virginia Child Protective Services at 1-800-552-7096.
You do not have to return to a workplace where you were assaulted in order to protect a claim. Talk with us about options for leave and for documenting why you stayed away.
Forms sexual harassment takes
Harassment rarely looks like a single dramatic event. It is usually a pattern, and the pattern is what builds a case:
- Quid pro quo. A boss, manager or landlord conditions a job, shift, promotion, rent break or grade on sexual favors.
- Hostile environment. Repeated sexual jokes, explicit images, comments about your body, or touching that makes it hard to do your work or live in your home.
- Assault. Groping, forced kissing or any sexual contact without consent, which is both harassment and a civil wrong in itself.
- Retaliation. Being fired, demoted, given worse shifts, evicted or threatened after you complained or refused.
- Digital harassment. Unwanted messages, images or social media contact from coworkers or managers, including outside work hours.
Workplaces, housing, schools and services
| Setting | Rules that commonly apply | Where a complaint often starts |
|---|---|---|
| Workplace | Federal law (Title VII of the Civil Rights Act) and the Virginia Human Rights Act | Employer HR, then an agency charge such as with the EEOC |
| Rental housing | Federal and Virginia fair housing laws | A fair housing agency or a lawsuit |
| College or school | Title IX and school policy | The school’s Title IX office |
| Medical, therapy or personal services | Licensing rules and ordinary civil claims | Licensing board or a civil claim |
Which laws apply depends on details such as the size of the employer and whether you are an employee or independent contractor. We review those questions before recommending a path. Harassment on campus is covered on our page about university sexual abuse, and misconduct by providers on our pages about doctors and hospitals and therapists.
The EEOC charge process for workplace claims
Most workplace harassment claims under federal law cannot go straight to court. The worker generally must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or a state agency, and the agency investigates or issues a notice allowing a lawsuit. Virginia law has a parallel process.
- Write down what happened, with dates, names and witnesses, and keep copies outside your work email and devices.
- Report through your employer’s complaint process if it is safe to do so, and keep a copy of what you submitted.
- Have an attorney review the timing. Agency filing windows are short, often measured in months, not years.
- File the charge, cooperate with the investigation and preserve evidence.
- After the agency process, decide with your attorney whether to file suit.
When harassment includes sexual assault
Physical sexual assault at work can support a personal injury claim against the person who did it, and sometimes against an employer or property owner that failed to act on warnings. If you were hurt on the job, questions about Virginia workers’ compensation can also arise, because workers’ compensation is generally the exclusive remedy against an employer for workplace injuries under Va. Code § 65.2-307. How that rule interacts with an intentional assault is a legal question we examine carefully.
Virginia has special timing rules for sexual abuse claims that can differ from the ordinary two-year rule. See our Virginia sexual abuse statute of limitations guide, and have an attorney check both the agency and court deadlines.
Protecting your evidence
- Screenshots of texts, chat messages and social media, saved to a personal device or account
- A running log with dates, what was said or done, and who saw it
- Performance reviews and schedules from before and after you complained
- Names of coworkers who witnessed incidents or experienced similar treatment
- Any complaint you made and the employer’s response
Do not take confidential company documents without legal advice. Your attorney can obtain the employer’s records through the proper process.
How our Fairfax attorneys can help
We start with a confidential review of what happened and which paths are open. Where the matter is mainly an employment dispute handled through the agency process, we tell you so and help you find the right next step. Where it involves assault, retaliation tied to an injury, or a landlord or service provider, we can pursue the claim. Learn more about our Virginia sexual abuse practice and our Fairfax office.
