Employers can be held vicariously liable for the negligent actions of employees acting in the course and scope of employment. This is based on a common law legal doctrine called “respondeat superior” that holds a party liable for his or her agents, codified in O.C.G.A. § 51-2-1 through 51.2-5.1. However, vicarious liability generally cannot be applied in a case of intentional torts, such as an assault or battery.
However, there are other types of employer liability that may apply. Perhaps the two most common are negligent hiring and negligent retention. Both involve employer accountability when the employer knew or should have known of the employee’s propensity to engage in the type of conduct that caused injury. (In an assault and battery case, a good example would be hiring an employee who had a violent criminal record.)
If you were the employee and were assaulted while acting in the course and scope of your employment, you might have a claim for workers’ compensation.
Another type of employer liability for assault or unwanted contact could be a sexual harassment claim. If the person who assaulted you or had inappropriate contact with you was a co-worker, supervisor, or business client, it’s possible that the employer could be held liable. Both federal and state laws protect individuals from sexual harassment, which is defined as behavior that is offensive, unwelcome, and sufficiently severe or pervasive. A plaintiff, in that case, must show that the employer knew or reasonably should have known about the sexual harassment or previous assault and failed to take prompt remedial action.