Employment Concerns for Sexual Assault Victims
Sexual assault can have very serious consequences for a victim's
work life. If you work and you have been sexually assaulted or raped:
- You may need to take a lot of time off from work to deal with
the emotional and physical problems caused by the assault.
- You may need to ask your employer for changes to your work schedule
or changes to the location of your job assignment to ensure your
physical safety.
- You may be afraid that if you tell your employer about the assault,
it may damage your career or invade your privacy. You may not
trust that your employer will keep it private.
If you were assaulted by a co-worker/supervisor, or assaulted while
at work, the consequences of the crime can be much more severe:
- You may no longer be physically safe at work.
- You may fear retaliation by your employer, or the assailant,
if you report the assault.
- You may have stopped going to work altogether.
Fortunately, in both situations, there are a number of employment
protections that can help you. At the Victim Rights Law Center we
can look at your particular situation and help you get as many employment
benefits as possible. We will also do everything we can to help
protect your privacy during this process.
Employment - Legal Information and Remedies
There are numerous Massachusetts state and federal laws designed
to protect employees who have been sexually assaulted.
Please Note: The laws outlined below provide you with general
information only. They do not provide specific legal advice to address
your specific situation. For personal legal advice please contact
us or another qualified attorney.
When the perpetrator is a co-worker or the
assault occurred at work
Financial and employment benefits you may be
entitled to
When the perpetrator is a co-worker or
the assault occurred at work
If you have been assaulted by a co-worker or assaulted at your workplace,
your safety at work is a major concern. You can plan for your safety
with your employer, another safety expert, or by getting a restraining
order against the perpetrator that can apply to your workplace.
- If the assault was caused by a “hostile work environment”
or has resulted in a hostile environment, your employer must help
fix the situation. This may possibly include removing the perpetrator
from your workplace or firing him/her.
- If you were assaulted at work or during your job, you also may
be able to receive compensation for your injuries, medical bills,
and lost wages through Massachusetts’ Workers’ Compensation
Insurance.
Financial and employment benefits you
may be entitled to:
Employer-specific Policies and Benefits
Your employer may provide comprehensive employment benefits,
such as sick time, vacation time, and short and long-term disability
leave, that you may be able to take advantage of after an assault.
Please note: If you are a victim participating in a criminal
prosecution, you may need to miss several workdays to give testimony
and appear in court. In these circumstances, your employer is not
permitted to fire you for missing work.
Unemployment
Insurance
If you are unable to continue your employment, or if you lose
your job because of an assault, it may be possible to collect
unemployment benefits while you are out of work.
Victim
Compensation for Lost Wages
If you have lost wages as a result of an assault, you may be able
to get money under the Massachusetts’ Victim Compensation
Program. The program covers lost wages.
Family
and Medical Leave Act
If you are injured as a result of a sexual assault, you should
be able to take an extended, unpaid leave from work without harming
your employment.
Americans
with Disabilities Act
If, as a result of an assault, you have a disability, you should
be able to continue your work without risk of losing your job.
If you need reasonable accommodations, or some kind of help to
continue working, they should be given to you.
If you are a victim and have specific questions or concerns
about any of these employment issues, you can contact
us at the Victim Rights Law Center.
Attorneys and Advocates should consult with the Attorney
Practice Manual for in-depth discussion of the issues outlined
above.
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