Sexual Assault at Work: Suing Your Employer in Georgia

If you were sexually assaulted at work in Georgia, you may be able to sue your employer — not just the person who assaulted you. Georgia law gives survivors several paths for holding an employer accountable: the employer may be directly liable for its own negligence, and federal law may treat the assault as unlawful sexual harassment. Those claims can be pursued together, and each carries compensation the attacker alone may not be able to pay.

This guide explains when a Georgia employer can be sued after a workplace sexual assault, the deadlines that apply, and the steps to protect yourself right now.

Can You Really Sue Your Employer for a Sexual Assault?

Yes. In Georgia, a civil lawsuit can name your employer when the assault happened at work or was connected to your job. There are two main legal paths — and you do not have to choose between them:

• Direct employer liability: negligent hiring, retention, or supervision — the employer knew (or should have known) the attacker was dangerous and failed to act.

• Federal civil rights law: Title VII of the Civil Rights Act of 1964 prohibits sexual harassment as a form of sex discrimination when the employer has 15 or more employees.

When Is the Employer Itself Liable?

Under Georgia law (O.C.G.A. § 51-2-7), an employer is responsible for negligence in selecting or retaining an employee who is unfit for the job. In plain English: if your employer knew — or should have known — that a coworker, supervisor, or contractor posed a danger and kept them on the job anyway, the employer can be held liable for the resulting assault.

Examples of employer negligence that support a lawsuit in Decatur, Atlanta, and across DeKalb County include:

• The employer knew the coworker or supervisor had assaulted or harassed others and kept them on staff.

• Prior complaints about the attacker were ignored, buried, or never investigated.

• The employer failed to provide adequate security — no locks, no escorts to parking areas, or known hazards it did nothing to fix. Our guide to negligent security claims explains when a Georgia property owner is liable for foreseeable crimes on its premises.

• A supervisor used company authority — a hotel key, a locked office, an after-hours assignment — to commit the assault.

One important nuance: Georgia courts generally treat sexual assault as outside the scope of employment, so "respondeat superior" (automatic employer liability for on-the-clock conduct) usually does not apply. That is exactly why the employer's own negligence — what it knew and failed to do — becomes the stronger claim. Documenting the employer's knowledge is critical.

The Title VII Path: Sexual Harassment as Sex Discrimination

If your employer has 15 or more employees, Title VII of the Civil Rights Act of 1964 applies. A sexual assault at work by a supervisor or coworker can support a quid pro quo or hostile-work-environment claim. When a supervisor's assault is tied to a tangible job action — being fired, demoted, or losing shifts for refusing advances — the employer is generally automatically liable. For coworker assaults, the employer is liable if it knew or should have known about the danger and failed to take prompt corrective action.

What if your employer is small? Title VII does not cover employers with fewer than 15 workers, but Georgia common-law claims — negligent hiring and retention against the employer, and assault-and-battery claims against the attacker — can still apply. Do not assume you have no options just because your workplace is small.

Do You Need to Press Criminal Charges First?

No. A criminal case and a civil lawsuit are completely separate. As we explained in our guide on sexual assault lawsuits versus criminal cases in Georgia, you do not need to file a police report, cooperate with a prosecution, or wait for a conviction to bring a civil claim.

The two cases serve different purposes: criminal court punishes the offender; civil court compensates you. They also use different burdens of proof — civil claims are decided by a "preponderance of the evidence" standard, not "beyond a reasonable doubt." And if you are wondering whether a civil claim exists at all, our pillar guide answers whether you can sue for sexual assault in Georgia in the first place.

Deadlines You Can't Afford to Miss

Georgia law puts strict time limits on these claims. Missing a deadline can end your case before it starts:

• Personal injury claims against the attacker and the employer: two years from the date of the assault (O.C.G.A. § 9-3-33).

• EEOC charge for the Title VII harassment claim: 300 days from the assault to file with the EEOC's Atlanta office. You must file with the EEOC before you can sue under Title VII in federal court.

• Different rules apply to childhood-assault claims and claims against government employers — get legal advice early if either applies to you.

Even when you are inside the deadlines, move quickly. Security video gets overwritten, witnesses' memories fade, and physical evidence degrades. The sooner a lawyer can act, the stronger your case.

What to Do Right Now After a Workplace Sexual Assault

These steps protect both your health and your legal rights:

• Get safe and get medical care. A forensic exam can preserve evidence even if you have not decided whether to involve police.

• Consider reporting to police. Not required for a civil case, but a police report creates an official record.

• Report the assault to your employer in writing — email HR or a manager — and keep a copy saved outside of work.

• Save everything: texts, emails, photos, clothing. Write down what happened with dates, times, and witness names.

• Do not sign severance, separation, or settlement paperwork without talking to a lawyer first.

• Talk to a lawyer as soon as possible — deadlines start running on day one.

Common Questions

Can my employer fire me for reporting a sexual assault?

Retaliation for reporting sexual harassment is illegal under Title VII. If you are fired, demoted, have your hours cut, or are otherwise punished after reporting, that retaliation is a separate claim — and it often strengthens your case.

Will workers' compensation cover a workplace sexual assault?

Workers' compensation may cover medical bills for a work-related injury, but Georgia's exclusive-remedy rule was designed for workplace accidents — intentional assaults are a different category, and a civil claim can still be available alongside or instead of a workers' comp claim. A lawyer can help you choose the right strategy.

What compensation can I recover in a civil lawsuit?

Depending on the facts: medical expenses and therapy costs, lost wages and lost earning capacity, pain and suffering, and in egregious cases punitive damages under O.C.G.A. § 51-12-5.1.

The assault happened months ago. Is it too late?

Possibly not. Georgia's two-year personal injury deadline and the 300-day EEOC window may both still be open. Call right away to find out — waiting only narrows your options.

Talk to a Georgia Lawyer About Your Options

No one should have to keep working alongside the person who assaulted them — or for an employer that looked the other way. If you were sexually assaulted at work in Georgia, you deserve to know exactly what legal options you have.

Call Hasan Claxton Law at (404) 669-6119 to book a free consultation. We represent assault survivors and injured workers across Decatur, Atlanta, and DeKalb County, and you pay nothing unless we win your case.

This article is general information only — not legal advice — and does not guarantee any outcome in your case.