Understanding Your Legal Rights After Experiencing Sexual Harassment or Assault in the Workplace
December 19th, 2025
Not long ago, it seemed there was constant news coverage of the #MeToo movement. This period led to open dialogues and more awareness of sexual harassment and assault, including in the workplace. However, it was unclear how behavior may change in the workplace and whether employers would see improvements. Now, there’s data that shows these abuses are still all too common.
According to Tulane University’s #MeToo 2024 Report, consisting of survey data from over 3,300 adults in the United States, 37 percent of women and 14 percent of men believe they have experienced sexual harassment or assault in the workplace at some point. A figure that’s equally concerning? Nearly nine out of 10 of individuals experiencing sexual harassment or assault have not disclosed their experiences.
Workplace sexual harassment and assault continue to affect a significant number of employees. Many endure these experiences in silence, unsure of what constitutes harassment or assault, and what legal protections they may have. Understanding the definitions, examples, and legal protections related to workplace sexual misconduct is essential and can help provide an early roadmap to getting the justice you deserve.
What Is Workplace Sexual Harassment?
Sexual harassment in the workplace refers to unwelcome conduct of a sexual nature that interferes with an employee’s ability to do their job, because the harassment creates an intimidating, hostile, or offensive work environment. Examples of sexual harassment in the workplace include:
- Inappropriate comments, text messages, or emails
- Sexual advances made by a co-worker or manager
- Requests for sexual favors with an offer of a job, promotion, or favorable treatment (sometimes called quid pro quo harassment)
- Retaliation from an employer based on the termination of a sexual relationship
Sexual harassment and assault can occur in more than the physical workplace. It can occur through texting and phone calls, in virtual meetings, during business travel, and at work-related and employer-sponsored events offsite.
A workplace harasser may be a supervisor, co-worker, client or even a non-employee with some connection to the company. An example of a non-employee harasser could be a capital investor who has no formal role within the company or a vendor or salesperson doing business.
When Does Workplace Sexual Harassment Become an Assault?
When sexual harassment turns into unwanted physical contact it may become an assault.
Examples of sexual assault include:
- Unwanted physical actions, such as groping or touching
- Physically restraining or forcing a company worker to engage in a sexual act
- Threatening someone into a sexual activity
- Any sexual act performed on a person who does not consent, even if they are intoxicated, unconscious, or otherwise incapacitated
Your Right to a Workplace Free of Sexual Misconduct
Sexual misconduct is inappropriate in every workplace and employees in most states who experience sexual harassment or assault in the workplace are entitled to certain legal protections provided by their state and/or federal law. These laws vary from state to state, and their applicability may depend on the size of the employer.
For example, under Minnesota’s strong Human Rights Act, employees have the right to:
- Report harassment or assault to their employer,
- Expect an investigation that’s fair, prompt, and thorough, and
- [Not face retaliation or some type of negative reaction for making a complaint]\ [alternate]
- Report sexual misconduct without being subject to retaliation or other negative reaction.
Path to Justice: Next Steps if You Were Harassed or Assaulted in the Workplace
If you are experiencing workplace sexual harassment, and if you are able to do so, a first response is to tell the harasser to stop and make it clear that the conduct is unwelcome. Documenting what happened (outside of work time and work devices) is also important and will be helpful if the conduct does not stop. You should include:
- Dates, times, and locations
- What was said or done
- Who was involved, and
- Whether there were any witnesses
After a single incident, or especially If the harassment persists after you told the harasser to stop, a next step is to report the conduct to your employer, using whatever policies are in place at your employer. This may mean contacting your supervisor, HR department, or another individual designated to handle workplace complaints. If the harasser is your supervisor or HR contact, escalate the report to another senior leader.
If you have experienced a workplace sexual assault, your first step is to get to a safe place away from the perpetrator. Depending on the circumstances, you may then need to get medical attention and/or report to law enforcement. You also will need to report the assault to your employer, as discussed above.
During this time, it’s helpful to write down everything you remember about the assault and preserve any supporting evidence, which may include emails, text messages, voicemails, or photos of inappropriate conduct.
Seeking support as soon as possible is critical. Some available resources are identified in the FAQs below.
How an Employment Law Firm Can Help
If you’ve experienced sexual harassment or assault in the workplace, a common mistake is to try and navigate the legal system alone. Instead, you want an experienced attorney who can help you understand your rights, evaluate your options, and take action when necessary. Whether you are facing retaliation for reporting the harassment, facing a hostile work environment, or emotionally distressed after harassment or an assault that could have been prevented, a plaintiff’s employment law firm can help you understand your options and guide you through the legal steps needed to reddress what happened—steps that may include reporting the misconduct to your employer and other authorities, filing charges, and filing a civil lawsuit against your employer for damages.
Halunen Law is known for fighting aggressively on behalf of their clients and standing up to employers of all sizes. From helping you seek compensation for emotional distress, lost wages, and other damages to holding employers accountable for failing to protect their employees, our attorneys will help restore your voice and dignity as you navigate the next chapter of your life.
Through legal action, remedies an attorney can help you get may include:
- Back pay and/or a promotion
- Reinstatement within the company
- Compensatory and punitive damages
- Attorney and court fees and costs
Show Strength, but Don’t Go It Alone
It takes courage to speak up and seek out justice. You deserve an experienced employment law firm on your side that’s committed to justice while advocating fiercely for your rights. At Halunen Law, we are here to listen, support, and advocate for you.
If you’ve experienced sexual harassment or assault in your workplace, we encourage you to submit a Case Review Form to our firm. One of our attorneys will review your information, and you’ll receive a response from our firm in a timely manner. There is no charge for this confidential process. And, if we take your case, as a contingency-based law firm, there is no cost unless we win.
We’re here to help you navigate your lawful rights and ensure you get the treatment you deserve. Together, we can hold employers accountable and create a safer and more fair workplace for everyone.
Frequently Asked Questions
Can I be fired for reporting sexual harassment?
It’s illegal in many states, including Minnesota, for an employer to retaliate against you or someone else for reporting harassment. Retaliation can take many forms including unwarranted disciplinary action, demotion, and termination, as well as more subtle conduct such as shunning, or exclusion from meetings. Should retaliation occur, you may have grounds for a separate legal claim.
What if my employer ignores my complaint?
Minnesota employers have a legal requirement to address workplace harassment once they receive a report or observe it themselves. If your employer fails to take action or investigate your harassment claim, you may have a basis for filing a state or federal charge or lawsuit.
How long do I have to file an employment claim?
This can vary from state to state, and depends on the circumstances. It is wise to consult with an attorney as soon as possible to determine the time frames that may apply to you. Generally, in Minnesota you have one year from the date of the last incident to file a lawsuit or a claim with the Minnesota Department of Human Rights (MDHR). Claims under federal law go to the Equal Employment Opportunity Commission (EEOC) and the time frame in Minnesota is 300 days. (In some states EEOC charges must be filed within 180 days). If you work for the federal government you are subject to a 45 day timeframe for filing an EEOC charge.
What if the harassment happened outside of work hours or offsite?
If misconduct is connected with your job in any way, it can still be workplace harassment—even if it happened off company property, outside normal working hours, or through texts or phone calls. So, if the harassment took place during business travel, at an offsite work event, or with co-workers or management outside office hours, you still have the right to a safe, discrimination-free work experience.
What resources are available to victims of sexual assault in the workplace?
- Local and national sexual assault and rape crisis centers, e.g. Sexual Violence Center 24/7 hotline, 612/871-5111; National Sexual Assault Hotline-1-800-656-4673 or hotline.rainn.org.
- If offered by your employer, an employee assistance program (EAP).
- Employment attorneys with experience representing victims of sexual assault.