Volunteering is a fantastic way to give back to your community, learn new skills, and connect with like-minded people. Unfortunately, even in these positive environments, the risk of sexual harassment or assault exists, leaving volunteers confused and unsure of their rights. Can they take legal action against their perpetrator? If so, are they suing the perpetrator or the organization they volunteered for? Please keep reading for answers to these and other common questions.

Sexual Harassment vs. Sexual Assault: Understanding the Difference

Sexual harassment and sexual assault are both forms of sexual misconduct, but they have distinct legal definitions. Sexual assault is considered a criminal matter because it involves a violation of criminal laws related to physical and sexual violence. In most jurisdictions, sexual assault is a serious crime that can result in criminal charges and potential imprisonment for the perpetrator if convicted.

• Sexual harassment is unwanted or inappropriate sexual behavior or comments. It can happen at work, school, or in other settings It occurs when someone makes unwelcome advances, comments, or gestures of a sexual nature that make the other person uncomfortable or distressed.

• Sexual assault is when someone forces or coerces another person into sexual activity without their consent. This could involve physical force, threats, or taking advantage of someone unable to give consent, such as if they’re asleep or intoxicated.

Sexual harassment can be both a civil and sometimes a criminal matter. In civil law, sexual harassment is viewed as a violation of someone’s rights in the workplace, education, or other contexts. Victims of sexual harassment can file civil lawsuits seeking compensation for damages such as emotional distress or lost wages. Additionally, some forms of severe or repeated sexual harassment can also lead to criminal charges, especially if they involve threats or coercion.

If a person has been the victim of sexual harassment and assault, they may have the option to seek civil and criminal justice depending on the circumstances of the incident.

Note that you can still bring a civil lawsuit against the person who sexually harassed or assaulted you even if they are not charged or convicted in criminal court.

Legal Protections for Volunteers

In every state but one, volunteers are covered by laws that protect against sexual harassment.

• Federal Law: Title VII of the Civil Rights Act protects against workplace discrimination, including sexual harassment. Courts have interpreted this to cover unpaid volunteers in some cases, especially when the volunteer experience is similar to an employee’s.
• State Laws: Many states have anti-discrimination laws that protect volunteers. However, there may be some variation depending on the specific law. California, for example, has a law that explicitly protects unpaid interns and volunteers from sexual harassment and discrimination. 
• Pennsylvania: Pennsylvania appears to be the exception. There is no specific language regarding volunteers in its employee protection laws. Nonetheless, if someone is sexually harassed while volunteering in the Keystone State, they should consult with a sexual harassment lawyer to see if they have any legal recourse.

Common Responses to Experiencing Sexual Harassment

When faced with sexual harassment while volunteering, individuals have often taken these steps:

• Reporting the Incident: Many choose to inform a supervisor at the volunteer organization, a trusted friend, family member, or even law enforcement to ensure the incident is officially recognized and to potentially prevent further occurrences.
• Seeking Legal Counsel: Some have consulted with attorneys specializing in sexual harassment cases to explore their legal options.
• Limiting Direct Contact: It is common for individuals to refrain from direct communication with the accused or the organization once they engage in legal representation. They typically direct all inquiries to their lawyer and report any unsolicited contact from the accused or the organization to their legal counsel.

Attorney J.J. Dominguez of The Dominguez Firm emphasizes the importance of seeking legal representation if you’ve been sexually harassed while volunteering. “The legal landscape in this area of employment law is complex. If you suffered sexual harassment while working as a volunteer, you should consult with an experienced sexual harassment attorney immediately. They can answer your questions and assist you in filing a claim against the person or organization responsible.” 

By understanding your rights and taking action, you can help create safer volunteer environments for everyone.

Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.

Published By: Aize Perez