DC Workplace Sexual Assault Lawyer
Most people are familiar with “pervasive” sexual harassment, which often occurs as a series of unwanted sexual advances, touching, or sexual comments over a period of time. But a single episode of sexual assault by a co-worker, supervisor, or third party connected to the workplace, if severe, can also be the basis of a sex discrimination claim against an employer.
An employer may be responsible for a rape or sexual assault occurring in connection with one’s employment if it did not take reasonable steps to protect employees from sexual assault in light of the information it knew or should have known about the risk. An employer also has a responsibility to address the hostile work environment created by the rape or assault after the fact, once it is aware of it. And if an employee becomes permanently or temporarily disabled as a result of a workplace sexual assault, the employer is under the same obligation to provide reasonable accommodations as it would be for any other type of disability.
Because these claims are rooted in sex and disability discrimination law, survivors can pursue them through the same channels available in other DC employment claims. Depending on the specifics of the case, that may include the EEOC, the DC Office of Human Rights, and federal or DC Superior Court.
Roshni Shikari has over a decade of experience representing survivors of sexual assault with workplace sex discrimination claims.
Reporting Sexual Assault in the Workplace
Many survivors delay seeking medical care or reporting to the police, or decide not to report to either at all. A police report or medical records can be helpful supporting evidence. However, a survivor of workplace sexual assault may still be able to pursue a claim against their employer without them. The decision to report a sexual assault to the police or to seek medical care belongs to the survivor alone.
A survivor of workplace sexual assault should still consider reporting the assault to their employer, following the process laid out in the employer’s harassment policy, even if they have not reported it elsewhere. Many legal claims regarding whether the employer acted appropriately after a workplace sexual assault require showing the employer knew about the conduct.
What to Know Before You File a Claim
- Document what you can, when you’re ready. Dates, locations, witnesses, and any communications with your employer can support your case later, even if you’re not ready to report right away.
- Understand your employer’s policy. Larger employers typically have a specific internal process for reporting sexual misconduct.
- Know the filing deadlines. The deadline to file a sex discrimination claim with the EEOC or your state agency may differ from, and may overlap with, the deadline to file related tort claims in state or federal court. These deadlines are strict requirements, so it’s important to be aware of them even if you’re still deciding how to handle the situation and addressing your more immediate needs, such as your safety and well-being.
- Consult an attorney who has handled these types of cases specifically. The right strategy and the right claims to bring often depend on details that are unique to workplace sexual assault and different from employment discrimination claims generally.
Advantages of Hiring an Experienced Workplace Sexual Assault Lawyer
Not every employment attorney has experience with sexual assault cases specifically, and that experience matters. Sexual assault cases raise issues that don’t come up in a typical employment dispute, and having an attorney who understands them can make a real difference in how a case is handled and how an employer, a mediator, or a court receives it.
Roshni understands trauma and its effects. Trauma can affect memory, timing, and how someone reacts in the moment and in the months and years afterward. Survivors respond to assault in many different ways, and there is no single “right” way to react. Roshni builds that understanding into how she prepares and presents your case.
She recognizes common misconceptions about sexual assault and survivors, including false assumptions about how a “real” victim should behave, why survivors often delay reporting, why they may continue working with or near their assailant, or why their accounts may include gaps or inconsistencies. These misconceptions are widespread and can unfairly shape how a case is perceived if left unaddressed.
The Shikari Law Firm can identify when an employer’s response was driven by these misconceptions rather than by a good-faith, appropriate response. Employers sometimes point to a survivor’s delayed reporting, demeanor, or continued presence at work as reasons to doubt a complaint or justify inaction — when in reality, these are common and well-documented responses to trauma, not signs that something didn’t happen. Recognizing this pattern can be helpful when showing that an employer failed to meet its legal obligations.
Roshni knows when and how to educate a court, mediator, or opposing counsel on these issues, through expert testimony, case framing, or targeted argument.
Choosing an attorney with this specific experience means choosing someone who won’t need to learn these dynamics as they work on your case, and who can spot and counter misconceptions before they undermine your claim.
Contact The Shikari Law Firm for a Free Consultation
When experience matters, contact The Shikari Law Firm for a free consultation.