Workplace safety isn’t just about keeping the floors dry or securing stock on a shelf. It’s also about creating an environment where every employee, customer, and visitor feels safe from any harm or abuse. That might seem like a tall order, but when you break it down, it’s not that hard for a business to be proactive about protecting the people who work for it or come through its doors.
Without that protection, an employer can be liable for sexual abuse committed by employees.
Proving an employer’s liability in a sexual abuse case is not without its challenges. That’s when you need to get an experienced Charleston sexual abuse lawyer involved in the case.
Your attorney can conduct a thorough investigation into the claim and gather relevant evidence to argue that the employer should be held liable.
Understanding Negligent Hiring, Supervision, and Retention
To determine whether an employer can be held liable, you must examine its hiring, supervision, and retention practices. This is what potentially negligent conduct could look like:
- Negligent hiring: When an employer fails to conduct reasonable background checks or investigate relevant prior allegations when circumstances warrant it, they can be held liable for their own negligence when that employee causes harm.
- Negligent supervision: An employee can engage in inappropriate behavior or boundary violations that result in complaints about that employee’s conduct. If the employer ignores those complaints, that could support a negligent supervision claim.
- Negligent retention: Continuing to employ someone despite credible evidence that they pose a foreseeable risk of sexual misconduct is called negligent retention. This has been a common occurrence in clergy abuse claims when the church will transfer the offender as opposed to firing them outright.
- Failure to respond: If an employer disregards reports of sexual abuse, doesn’t conduct adequate investigations, or fails to implement reasonable protective measures, they can be found negligent. For example, if a hospital repeatedly receives credible complaints about a staff member’s inappropriate physical contact with patients, that hospital could face liability if it fails to investigate and the employee subsequently commits sexual abuse.
How Vicarious Liability Applies to Sexual Abuse Claims in West Virginia
Under West Virginia law, the legal doctrine of respondeat superior allows employers to be held responsible for certain wrongful acts committed by their employees. This principle, known as vicarious liability, generally applies when an employee causes harm while acting within the scope of their employment. Unlike negligence-based claims, vicarious liability does not necessarily require proof that the employer knew about the employee’s misconduct.
The challenges come when applying this doctrine to sexual abuse claims. West Virginia courts generally recognize that sexual assault is committed for personal purposes rather than in furtherance of an employer’s business. As a result, an employer is not automatically liable simply because the abuse occurred during working hours or on company property.
In West Virginia Regional Jail and Correctional Facility Authority v. A.B. (2014), the Supreme Court of Appeals of West Virginia weighed in on the allegations that a correctional officer sexually assaulted an inmate. The court determined that the alleged assaults fell outside the scope of the officer’s employment, even though his job gave him access to the victim.
The inmate’s negligent training, supervision, and retention claims also failed, but on immunity rules for state agencies that don’t protect a private business. That decision is a prime example of the limitations of pursuing vicarious liability in sexual abuse cases.
However, a sexual abuse survivor might have other grounds for holding an employer accountable.
For example, if a business or organization ignores prior complaints about an employee, negligence may apply.
Evidence Needed to Prove an Employer Was Responsible
The primary person to hold accountable in a sexual abuse claim is the actual abuser. Evidence against them can include DNA results, surveillance footage, witness statements, and the survivor’s testimony.
In order to hold an employer accountable for sexual abuse committed by an employee, you need evidence that establishes a legal basis for the organization’s liability. Several types of evidence may help establish an employer’s responsibility, including the following:
- Previous complaints and disciplinary records
- Hiring and background screening records
- Internal communications
- Employee training and supervision records
- Witness statements
- Surveillance footage and electronic records
The strength of an employer liability claim often depends on demonstrating a connection between the organization’s conduct and the harm suffered. After gathering all the relevant documentation and evidence, an experienced West Virginia sexual abuse attorney can determine whether the evidence supports the theory of liability.
Getting the Right Help If You Were Abused by an Employee
Whether it is physical or emotional, any sexual abuse can be trauma-inducing. Pursuing accountability can mean holding the perpetrator criminally responsible and holding their employer liable in a civil complaint. Local prosecutors handle criminal charges.
Attorneys at Forbes Law Offices PLLC can support the civil complaint. We’ve helped survivors of sexual abuse hold all the relevant parties responsible. We take an exhaustive approach to any investigation, especially when holding an employer responsible.
These claims might not always apply, but it is important to explore any potential liability issue.
If you or someone you care about has suffered any form of abuse related to a workplace, we want to hear from you. You can schedule a free and confidential case review to discuss the particulars of your incident. We can discuss the merits of a claim against the employer and whether it is worth pursuing.
We work toward a fair resolution that avoids additional trauma.
