Can Sexual Abuse Victims Sue Employers for Ignoring Complaints?

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Sexual abuse may take many forms, and it is often perpetrated against vulnerable people by those in positions of authority. It is not unusual for people to use the authority of their job to sexually abuse others. If an employer ignores complaints about abuse, they might be just as responsible as the perpetrator of the abuse.

If you or someone else complained to an employer that one of their employees was committing sexual abuse, the employer may have a duty to at least investigate. If an employer ignores these complaints, an abuse victim could potentially sue them. One possibility is that the employer is liable for negligent hiring or retention. Ignoring complaints about sexual abuse and knowingly allowing the perpetrator to continue working opens the employer up to legal liability. It is important to start your case as soon as possible. While many victims of sexual abuse wait many years before coming forward, you risk losing evidence if you wait too long.

Get a free, confidential case analysis from our attorneys for sexual abuse victims by calling The Law Office of Andrew Shubin at (814) 826-3586.

What Happens if an Employer Ignores Complaints About Sexual Abuse?

Sexual abuse is an incredibly serious offense. If an employer receives complaints that an employee is using their position to sexually abuse someone, they may have a duty to investigate and do something. If they ignore these complaints, they may open themselves up to legal liability.

Sexual abuse victims may sue the person who abused them and that person’s employer if the employer’s failure to act contributed to the abuse. Knowingly allowing abuse to continue may make the employer part of the offense. Depending on how long the abuse happened and what the employer knew, our lawyers for sexual abuse victims may argue that the employer cosigned the abuse.

In many cases, victims do not come forward until many years after the abuse, and the abuser’s employer might be the only entity still around that can be held responsible. Even if the abuser is long gone, their employer may still be held responsible.

Suing Employers for Negligent Hiring or Retention in Sexual Abuse Cases

Negligent hiring or retention involves an employer choosing to hire to continue employing an employee they know to be unfit for the job, dangerous, or otherwise poses some risk to others.

Suppose an employer receives complaints that an employee is sexually abusing someone (e.g., another employee, a client, someone in their care), and they ignore them. In that case, they may be liable for negligent retention. If the employer knew the employee had a record of committing abuse or acts of violence yet chose to hire them anyway, they may be liable for negligent hiring.

We must prove that the employer knew about the abuse or reasonably should have known about it. If you notify them of the abuse and they fail to take action, they may be held liable. If you complained about the abuse and the employer did nothing, tell your attorney immediately.

This is different from vicarious liability. Generally, vicarious liability under respondeat superior does not cover employees acting outside the normal scope of their jobs (e.g., committing crimes like sexual abuse).

Examples of How Negligent Hiring or Retention Occur

A good way to understand your negligent hiring or retention claims is to compare them to common examples. If the following situations are similar to yours, call a lawyer for help now.

One of the most common examples of negligent hiring is when an employer hires someone even though they failed a required background check. Certain types of jobs, especially those involving children, often require mandatory background checks. If an employer runs a check and finds that a job candidate is unfit (e.g., they have a history of sexual abuse), they must not hire them. If they do, they may be liable if that employee hurts someone.

Another very common example is when employers ignore complaints about sexual abuse or fail to adequately address or investigate them.

Possible Defendants in Cases of Negligent Hiring and Sexual Abuse

A defendant in a case of negligent hiring or retention related to sexual abuse could be almost any employer. However, cases commonly involve defendants whose jobs put them in close proximity to children or other vulnerable people.

Many plaintiffs sue schools or universities for ignoring complaints of sexual abuse by teachers, administrators, or other staff members. Parents may sue a school for ignoring complaints about abuse. Students often do not come forward about the abuse until they are adults, and they may sue on their own behalf.

Many other plaintiffs sue religious organizations. Sexual abuse cases against churches and religious leaders tend to dominate the headlines when they occur. Unfortunately, many religious organizations would rather deal with abuse internally than get the police involved, and abuse complaints often go ignored.

How to Prove Negligent Hiring in a Sexual Abuse Case

Proving that the defendant is liable for negligent hiring or retention requires demonstrating that they ignored complaints of abuse. They will likely deny ever receiving complaints, and we should be ready to prove otherwise.

Records may be very important. We need business records showing that the person who committed the sexual abuse was an employee of the defendant when the abuse occurred. We also need evidence of the actual abuse. Not only that, but we must show how the person who abused you used their position as an employee to perpetrate the abuse.

We need evidence that the defendant knew about the abuse or was informed that something was wrong. Again, this may come from the defendant’s business records, as things like complaints are often kept on file.

When You Should Sue for Negligent Hiring in a Sexual Abuse Case

Sexual abuse claims must be filed in court within the time described by the statute of limitations. These statutes vary from case to case, and sexual abuse statutes tend to vary significantly. Some states give abuse victims only a few short years to file their claims. Other states have abolished the statute of limitations completely, allowing claims to be filed at any time after the abuse occurred.