Suing Your Abuser’s Employer: Workplace Sexual Violence and the NYC VGMVPL

Workplace sexual violence is devastatingly common. According to federal data, sexual harassment and assault in the workplace affect millions of Americans every year — and the power dynamics inherent in employment relationships make reporting and disclosure especially difficult. Survivors often face the impossible choice between justice and their livelihood.

In New York City, survivors of workplace sexual assault and abuse that occurred before January 9, 2022, now have a powerful new legal tool: the civil cause of action created by § 10-1104.1 of the New York City Gender-Motivated Violence Protection Law. This provision allows survivors to sue not just the individual who assaulted them, but the employer who enabled or failed to prevent the abuse.

How Employers Become Liable Under the Gender Motivated Violence Protection Law

An employer can be held liable under the Gender Motivated Violence Protection Laws “enable” and “participate in” language when:

• The employer had actual knowledge: Management or HR was informed of the abuser’s conduct and took no meaningful action
• The employer had constructive knowledge: The pattern of behavior was so obvious that the employer should have known, even without a formal complaint
• The employer retaliated: The survivor was punished — demoted, terminated, or ostracized — for reporting the abuse, further enabling the abuser
•  The employer failed to train or supervise: Inadequate workplace policies and supervision created an environment in which abuse could flourish
• The employer actively concealed: HR or management suppressed complaints, pressured survivors to stay silent, or offered settlements conditioned on non-disclosure

GMVPL Claims vs. Title VII and NYSHRL Claims

Workplace sexual assault survivors in New York City often have multiple overlapping legal claims. Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law (NYSHRL) are powerful tools. Both laws provide legal remedies for sexual harassment and hostile work environment claims. The New York City Human Rights Law (NYCHRL) provides some of the broadest employee protections in the country.

However, these employment law claims have their own statute of limitations — typically 300 days (for EEOC charges) or three years (for NYCHRL claims). The claims generally require proof that the employer’s response to reported harassment was inadequate. The VGMVPL civil claim operates differently: it does not require an exhaustion of administrative remedies. Rather, the civil claim applies a preponderance of evidence standard, and it reaches conduct that constitutes an actual crime of violence, not just harassment. For survivors whose abuse rose to the level of criminal sexual conduct, the GMVPL claim is often broader and more powerful than an employment discrimination claim alone.

Industries With High Rates of VGMVPL-Eligible Workplace Abuse

While workplace sexual assault can occur in any industry, certain sectors have historically generated significant civil litigation:

• Hospitality and food service: Hotel workers, restaurant employees, and service industry workers face elevated rates of sexual violence from supervisors and management
• Healthcare: Patients and employees are both vulnerable to sexual abuse in clinical settings
• Financial services: High-pressure environments with significant power imbalances have produced numerous institutional abuse cases
• Media and entertainment: High-profile cases have revealed systemic failures by studios, agencies, and production companies
• Domestic employment: Domestic workers are particularly vulnerable and often lack workplace protections

What About Non-Disclosure Agreements?

Many workplace sexual assault survivors were required to sign non-disclosure agreements (NDAs) as a condition of settlement or continued employment. New York has enacted significant legislation limiting the enforceability of NDAs in sexual harassment and abuse cases. The enforceability of any particular NDA in the context of a VGMVPL claim is a fact-specific legal question. But the existence of an NDA should not deter you from speaking with an attorney. In many cases, those agreements are unenforceable or more limited than survivors were led to believe.

Workplace sexual violence is not just an employment issue — it is a civil rights issue. If your employer failed to protect you from a colleague or supervisor who sexually assaulted you before January 9, 2022, in New York City, a civil claim under the VGMVPL may be available. The window to file a lawsuit closes on July 29, 2027.

Contact The Law Firm of Andrew M. Stengel, P.C. Now

Schedule a consultation with The Law Firm of Andrew M. Stengel, P.C. by emailing info@stengellaw.com or by using our scheduler at https://calendly.com/stengellaw.