Your Legal Rights at Work After Sexual Assault or Domestic Violence
You’re Not Powerless—You Have Rights
When you’ve been through something traumatic, like sexual assault, domestic violence, or any form of abuse, trying to stay afloat at work can feel impossible. The weight of everything you’re carrying might make it hard to focus, stay present, or even get out of bed.
You may be wondering: Do I have to explain what happened? Will I get fired if I take time off? Is there anyone at work who will understand?
Here’s the truth: You have more rights than you think. You are not alone. And you deserve to heal without fear of losing your job.
This guide was created to help you understand what protections exist, how to access them, and how to move forward in a way that honors your experience—at your own pace.
You Have the Right to Take Care of Yourself
After trauma, you may need time away from work. Or flexibility. Or just enough space to breathe and feel safe. The law recognizes that.
Here are some of the ways you may be protected:
1. The Family and Medical Leave Act (FMLA)
If you work at a company with 50 or more employees and have been there at least 12 months, you may qualify for up to 12 weeks of unpaid, job-protected leave.
This includes time off for:
Mental health conditions related to trauma
Counseling, therapy, or hospitalization
Caring for a child or dependent impacted by the same trauma
You don’t need to tell your manager everything. In fact, you have the right to keep it private. Saying something like, “I’m dealing with a personal health matter and need to take leave” is usually enough to begin the process.
2. State and Local Laws That Protect Survivors
Some states have additional laws that protect your job if you’re surviving domestic violence, sexual assault, or stalking. These laws often cover time off for:
Going to court or filing police reports
Getting protective or restraining orders
Attending counseling or medical appointments
Relocating or making a safety plan
These laws vary depending on where you live—but they exist to keep you safe. And to make sure your healing doesn’t come at the cost of your livelihood.
Here are a few examples:
California: Survivors can take time off and request workplace safety accommodations
Illinois: Offers protected leave under the Victims’ Economic Security and Safety Act (VESSA)
New York: Protects employees from discrimination based on domestic violence victim status
You can search “[Your State] domestic violence employment leave” or visit WomensLaw.org for a plain-language explanation of your rights.
3. Workplace Accommodations Can Help You Stay Safe
Maybe you’re not ready to take full leave—but you still need something to change.
Survivors can request reasonable accommodations to help them stay employed while protecting their physical and emotional safety. That might look like:
Adjusting your work schedule
Temporarily working from home
Changing your work location
Getting security support at the office
Asking for a different reporting manager if needed
You don’t have to “tough it out.” If your needs are connected to trauma, you can speak with HR about accommodations that help you stay supported.
4. Your Employer Cannot Legally Retaliate Against You
One of the biggest fears survivors face is, “What if I lose my job because of this?”
But here’s what you need to know:
It is illegal for your employer to punish you for taking protected leave, requesting accommodations, or disclosing your experience.
That means they cannot:
Fire you for asking for trauma-related time off
Demote or reduce your hours in retaliation
Harass or intimidate you for needing support
Share your private information with others
If they do, you may have legal grounds for a retaliation or discrimination claim. And there are people—legal advocates, HR professionals, and survivor-led organizations—who can help you take the next step.
What Your Manager or HR Can (and Can’t) Do
They Can:
Ask for basic documentation to process leave
Help you understand your options
Offer accommodations or connect you to resources
They Can’t:
Demand personal details about your trauma
Share your story with other coworkers
Deny you access to protections you legally qualify for
If you ever feel like your rights are being ignored or violated, you have the option to file a complaint with your state labor board—or connect with a free legal service for survivors.
How to Find Out What Your Rights Are
You don’t need to know all the laws to take your next step. Start here:
WomensLaw.org – State-by-state breakdowns of employment and leave rights
Legal Aid Offices – Free legal help based on your income and location
Your HR Department – Often required to explain your benefits and obligations
Local Domestic Violence Advocates – Can walk you through your rights and even support you in filing paperwork
This process might feel confusing—but you don’t have to do it alone.
FAQ: What Survivors Ask About Workplace Rights
Do I have to tell my manager what happened?
No. You can simply say you’re dealing with a personal or medical issue. If documentation is needed, HR may ask for a form or doctor’s note—but you never have to share the details of your trauma.
What if I need time off for court, medical appointments, or to move?
Many states allow time off for these reasons if you are a survivor. These protections are part of the law in places like California, New York, Oregon, and more.
What if I already went back to work but I’m not okay?
That’s completely valid. If you’ve already returned and realize you need more time, you can request an extension or start a new leave request. Healing doesn’t happen on a schedule.
What if my employer doesn’t know these laws?
Unfortunately, many don’t. You can bring printed information or refer HR to your state’s Department of Labor website or WomensLaw.org. You are allowed to advocate for yourself, or ask someone to help you do it.
You Deserve to Feel Safe at Work
You’ve already survived something incredibly hard. The workplace should never be another source of harm, pressure, or confusion.
Knowing your rights is a way to protect your peace, claim your space, and take care of your future. Whether you’re taking time off, requesting a schedule change, or just looking for a little grace, your needs are real. Your story matters. And you are allowed to speak up.
You don’t have to be strong all the time. You just have to take one step at a time. We’re walking with you.
Looking for help navigating your options?Explore our healing-centered career resources at The 1st 28 Foundation. We’re here to help you protect your peace—and your paycheck.
