Can a Massage Therapist Sue Their Employer After Being Sexually Assaulted by a Client?
Yes, massage therapists in Texas can sue both the client who assaulted them and the company that employs them. If your employer knew about a client’s inappropriate behavior and kept sending you into sessions with that person anyway, they may be legally responsible for failing to protect you. You do not have to accept sexual assault, groping, or indecent exposure as “part of the job.”
At Varghese Summersett, our attorneys have fought for workers who were failed by employers more concerned with profits than safety. We understand that what happened to you was not your fault, and we know how to hold negligent companies accountable under Texas law.
If you are a massage therapist who has been sexually assaulted or harassed by a client, call 817-203-2220 to speak with an attorney who will listen and explain your options at no cost.
Why Massage Therapists Face Higher Risks of Sexual Assault
Massage therapy involves physical touch, privacy, and vulnerability. Unfortunately, some clients exploit this environment to commit sexual offenses. According to the American Massage Therapy Association, more than half of all massage therapists report experiencing some form of harassment or inappropriate behavior from clients during their careers. The problem is widespread, and it is underreported because many therapists fear losing their jobs or being blamed for what happened.
Common forms of client sexual misconduct include exposing genitals during a session, making sexual comments or requests, touching the therapist inappropriately, grabbing or groping during the massage, and refusing to stay properly draped. These are not misunderstandings. They are crimes under Texas law.
When employers ignore complaints, refuse to ban problem clients, or pressure therapists to continue seeing people who have crossed boundaries, they become part of the problem. Texas law recognizes this and allows victims to seek compensation from both the individual attacker and the company that enabled the abuse.
What Texas Law Says About Employer Responsibility for Client Misconduct
Under both Texas state law and federal law (Title VII of the Civil Rights Act), employers have a legal duty to protect their employees from sexual harassment in the workplace. This duty extends to harassment committed by third parties, including customers and clients.
The legal standard is straightforward. If an employer knows about harassment or assault by a client and fails to take prompt, appropriate corrective action, the employer can be held liable. “Corrective action” does not mean asking you to just deal with it. It means banning the client, refusing future bookings, or taking other meaningful steps to ensure you are never placed in danger again.
Texas courts have consistently recognized that employers cannot hide behind the excuse that “it was a customer, not an employee.” The Texas Labor Code and the Texas Commission on Human Rights Act both provide protections for workers in these situations. Under Texas Civil Practice and Remedies Code Chapter 123, victims of certain sexual offenses can also pursue civil remedies directly against their attackers, including recovery of damages for the harm caused.
When Does “Third-Party Harassment” Create Employer Liability?
Courts look at several factors when deciding whether an employer is liable for a client’s sexual misconduct. First, did the employer have notice of the problem? If you reported the behavior to a manager, HR, or through any company system, the employer is considered “on notice.” Even if you told a shift supervisor verbally, that counts.
Second, what did the employer do after receiving notice? If they continued booking you with the same client, did nothing, or told you to “just handle it,” they failed their legal duty. The law requires employers to take corrective action that is reasonably designed to stop the harassment and prevent it from happening again.
Third, was the employer’s response adequate? A warning letter to a client who has committed sexual assault is not adequate. Telling you to keep your phone handy is not adequate. The response must match the severity of the conduct.
What If Other Employees Reported the Client But I Did Not?
You are still protected. What matters legally is whether the employer had notice that this client was dangerous. If other massage therapists reported the same client’s behavior, the company is “on notice” regardless of whether you personally made a complaint. The employer’s duty to protect all employees kicks in once they learn about the threat from any source.
This legal principle is called “constructive knowledge.” Courts recognize that an employer who knows Client X exposed himself to Therapist A has a duty to protect Therapists B, C, and D from that same client. If they kept booking him anyway and he assaulted you, their prior knowledge is powerful evidence of negligence.
The company cannot claim ignorance just because you personally did not file a complaint. Their knowledge of the danger is what triggers their legal responsibility to act, not the identity of who reported it.
What If Your Employer Claims They Have No Records of Complaints?
This is extremely common. Companies that tolerate sexual misconduct often avoid creating paper trails on purpose. But the absence of documentation does not doom your case. In fact, it can hurt the employer.
Here’s why: Juries do not like it when companies claim “we had no idea” while simultaneously having no incident reports, no complaint logs, and no HR records. Our attorneys will argue that the lack of documentation proves the company had a policy of ignoring complaints rather than addressing them. That looks like a cover-up, and juries punish cover-ups.
You can prove the company had notice through other evidence:
- Your own contemporaneous notes. If you wrote down what happened and when, that’s evidence.
- Testimony from coworkers. Other therapists who reported the client, witnessed his behavior, or heard management dismiss complaints can testify about what the company knew.
- Text messages and informal communications. Did employees ever text each other warnings about this client? Did someone message you saying “watch out for the guy in Room 3”? Those messages are evidence the problem was known.
- Scheduling records. If the company rotated which therapist saw this client after complaints (spreading the abuse around), that pattern itself proves knowledge.
- Discovery. During litigation, your attorney can subpoena the company’s emails, internal communications, and electronic records. Even “deleted” emails often exist on servers. Metadata can reveal what was known and when.
Do I Need Cooperating Witnesses to Win My Case?
No, you do not need them, but they help significantly.
You can prove your case through your own testimony. Texas courts allow victims to testify about what happened to them, and that testimony alone can be enough to establish liability. Your credibility matters, which is why detailed, consistent documentation strengthens your position.
That said, corroborating witnesses make cases stronger and settlements larger. If other therapists experienced problems with the same client, their testimony establishes a pattern. If someone overheard you report the issue to a manager, they can confirm notice. If a coworker saw the client’s inappropriate behavior, that corroborates your account.
Even witnesses who are reluctant to get involved initially sometimes become more willing once a lawsuit is filed. And during discovery, your attorney can depose current and former employees under oath. People are often more forthcoming when they’re legally required to answer questions.
Legal Claims You May Have Against Your Employer
Depending on the facts of your case, several legal claims may apply. Each provides a different path to compensation and accountability.
Sexual Harassment and Hostile Work Environment
When client misconduct is severe or pervasive enough to create a hostile work environment, you may have a claim under Title VII (federal law) or the Texas Labor Code. This claim focuses on the employer’s failure to protect you. If management knew what was happening and did nothing meaningful to stop it, the company can be held responsible for the hostile environment that resulted.
To pursue this claim, you typically must first file a charge with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission Civil Rights Division. After the agency investigates, you will receive a “right to sue” letter that allows you to take your case to court.
Negligent Supervision and Failure to Provide a Safe Workplace
Texas employers have a common-law duty to provide a reasonably safe workplace. When an employer knows a client poses a danger to employees and fails to take reasonable steps to protect them, the employer may be liable for negligence.
This claim does not require going through the EEOC first. It is based on the employer’s direct failure to act responsibly. For example, if a spa has received multiple complaints about a particular client’s inappropriate behavior and continues to allow that client access to therapists, a court could find the spa negligently failed to supervise its premises and protect its workers.
Negligent Retention of a Dangerous Client
Similar to negligent supervision, this claim focuses on the employer’s decision to continue a business relationship with someone they knew was dangerous. If a massage company knows a client has a history of exposing himself to therapists and continues to book appointments with him, the company has negligently retained a client who poses a known risk.
Retaliation
If you reported sexual assault or harassment and your employer punished you for it, that is illegal retaliation. Retaliation can take many forms. Cutting your hours, demoting you, giving you worse shifts, writing you up for pretextual reasons, or firing you are all examples. Texas and federal law prohibit employers from retaliating against workers who report sexual harassment or participate in investigations.
Retaliation claims can result in significant damages, including back pay, reinstatement, and compensation for emotional distress.
Claims Against the Individual Client Who Assaulted You
In addition to claims against your employer, you have the right to sue the person who assaulted you. Under Texas law, sexual assault, battery, and indecent exposure are intentional torts that give victims the right to seek civil damages.
Texas Civil Practice and Remedies Code Section 123.001 specifically allows victims of sexual assault to recover actual damages, including medical expenses, lost wages, pain and suffering, and mental anguish. You may also be entitled to exemplary (punitive) damages designed to punish the attacker for their conduct.
Many victims pursue both criminal charges and a civil lawsuit. A criminal conviction is not required for you to win a civil case. The burden of proof in civil court (preponderance of the evidence) is lower than in criminal court (beyond a reasonable doubt). This means you can hold your attacker financially accountable even if prosecutors decline to file charges or a jury acquits.
What Damages Can You Recover in a Texas Lawsuit?
If you prevail in a lawsuit against your employer or the client who assaulted you, Texas law allows you to recover several types of compensation.
Economic damages cover your financial losses. This includes medical bills for treatment of physical injuries or psychological trauma, lost wages if you missed work or had to quit, and future lost earning capacity if the assault affects your ability to work in your field.
Non-economic damages compensate you for harm that does not have a specific dollar amount. This includes pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, and damage to your reputation.
Punitive damages may be available in cases involving intentional misconduct or gross negligence. These damages are designed to punish the wrongdoer and deter similar conduct in the future. Texas law caps punitive damages in most cases, but they can still be substantial.
In employment discrimination cases, you may also recover attorney’s fees, which means the defendant pays your legal costs if you win.
How to Protect Yourself and Build Your Case
Strong documentation makes the difference between a case that settles favorably and one that stalls. Start collecting evidence now, even if you are not sure you want to pursue legal action.
Report in Writing Immediately
Send an email or text to your manager and HR stating exactly what happened. Be specific: the client’s name (if you know it), the date, the room number, what he did. State clearly that you are reporting sexual assault or harassment and requesting that this client be permanently banned. Save a copy to your personal email or phone before sending.
Create a Detailed Written Timeline
Write down every incident you can remember, with as much detail as possible. Dates, times, locations, what the client did, what you said, how you felt. If you don’t remember exact dates, approximate them (“sometime in early October 2024”). Do this at home, on your own device.
Document What You Know About Others’ Experiences
Write down what you’ve heard from coworkers. Who else had problems with this client? Who reported it? To whom? What happened after they reported? You’re not creating hearsay; you’re preserving your own knowledge of what was commonly known at the company.
Preserve Text Messages and Informal Communications
Screenshot any texts, DMs, or group chat messages where employees discussed this client or the company’s failure to act. Save them somewhere the company cannot access.
Identify Potential Witnesses
Make a list of coworkers who might have relevant information. You don’t need to ask them to commit to anything right now. Just know who they are so your attorney can contact them later if needed.
Request Your Personnel File
Texas Labor Code Section 52.031 gives you the right to access your personnel records. Request a copy now, before any documents mysteriously disappear.
Do Not Sign Anything Without Legal Review
If the company suddenly presents you with a separation agreement, arbitration agreement, NDA, or any other document, do not sign it until an attorney reviews it. Companies sometimes try to get victims to waive their rights before they understand what they’re giving up.
Steps to Take If You Have Been Assaulted by a Client
If you are a massage therapist who has experienced sexual assault or harassment by a client, here is what you should do.
Report the incident to your employer in writing. Even if you already reported verbally, send an email or text confirming what happened and requesting that the client be banned. This creates a record and puts the company formally on notice.
Request protection. Tell your employer clearly that you will not see the client again and that you expect the company to protect you from further contact. If they refuse or retaliate, document that response.
Consider filing a police report. Indecent exposure, sexual assault, and groping are crimes under the Texas Penal Code. Filing a police report creates an official record and may support both criminal prosecution and your civil case. Under Texas Penal Code Section 22.011, sexual assault is a second-degree felony. Under Texas Penal Code Section 21.08, indecent exposure is a Class B misdemeanor, though it can become a felony with prior convictions.
Seek medical attention and counseling. Your health matters. A medical professional can document any physical injuries, and a therapist can help you process the trauma. These records also serve as evidence of the harm you suffered.
Contact an attorney. An experienced employment and personal injury attorney can evaluate your case, explain your options, and help you decide the best path forward. Most attorneys who handle these cases offer free consultations and work on contingency, meaning you pay nothing unless you win.
What to Expect From Varghese Summersett
At Varghese Summersett, we believe that no worker should have to tolerate sexual assault as a condition of employment. Our attorneys have more than 100 years of combined legal experience, and we have fought for clients in complex cases involving employer negligence, workplace harassment, and sexual assault.
When you contact our firm, you will speak directly with an attorney who will listen to your story without judgment. We will explain your legal options in plain language and help you understand what to expect from the process. If we take your case, we will handle the investigation, gather evidence, file the necessary claims, and fight aggressively to hold the responsible parties accountable.
We have offices in Fort Worth, Dallas, Houston, and Southlake, and we represent clients throughout Texas. Our team includes board-certified attorneys and former prosecutors who know how to build cases that get results. We have been recognized by Fort Worth Inc. as Entrepreneur of Excellence and have earned over 1,100 five-star reviews from clients we have helped.
You do not have to face this alone. And you do not have to stay silent while a company profits from putting you in danger.
How Long Do You Have to File a Lawsuit in Texas?
Time limits apply to every legal claim. In Texas, the statute of limitations for most personal injury claims, including assault and battery, is two years from the date of the incident. For employment discrimination claims under Title VII, you must file a charge with the EEOC within 300 days of the discriminatory act.
These deadlines are strict. If you wait too long, you may lose your right to pursue compensation entirely. This is why contacting an attorney as soon as possible is so important. We can make sure all deadlines are met and that your claim is properly preserved.
Frequently Asked Questions
Can I sue my employer if a client sexually assaulted me?
Yes. If your employer knew about the client’s behavior and failed to protect you, you may have claims for sexual harassment, hostile work environment, and negligence. Texas law holds employers responsible when they fail to take prompt corrective action after learning about harassment or assault.
What if I did not report the assault but other employees did?
You can still sue. The employer’s duty to protect you is triggered when they have knowledge of the danger from any source. If other therapists reported the same client and the company did nothing, you have a strong case even without your own prior complaint.
What if the company says they have no records of complaints?
Lack of documentation often hurts the employer, not you. Juries are suspicious of companies that claim ignorance while conveniently having no records. Your attorney can prove notice through witness testimony, text messages, scheduling patterns, and electronic records obtained through discovery.
Do I need witnesses to win my case?
No. Your own testimony can be enough to establish liability. However, corroborating witnesses strengthen your case and can lead to larger settlements. Your attorney can depose current and former employees during litigation.
Can I file a police report and a lawsuit at the same time?
Yes. Criminal charges and civil lawsuits are separate processes. You can pursue both. A criminal conviction is not required for you to win your civil case.
What if my employer fires me for reporting the assault?
That is illegal retaliation. Texas and federal law protect workers who report sexual harassment or assault. If you were fired, demoted, or punished for making a complaint, you may have an additional claim for retaliation damages.
How much does it cost to hire a lawyer for this type of case?
Most attorneys who handle sexual assault and employment cases work on a contingency fee basis. This means you pay nothing upfront and owe no fees unless your case is successful. At Varghese Summersett, we offer free consultations to evaluate your case.
Get Help From an Experienced Texas Sexual Assault Attorney
What happened to you was wrong. You have the right to hold both the person who assaulted you and the company that failed to protect you accountable. Texas law provides real remedies for massage therapists and other workers who are subjected to sexual misconduct by clients.
At Varghese Summersett, we are ready to listen, investigate, and fight for the justice you deserve. You do not have to figure this out alone, and you do not have to keep working in fear.
Call 817-203-2220 today for a free, confidential consultation with a Texas attorney who will take your case seriously.
