A sexual assault suit was filed recently in the U.S. District Court in Orlando by a North Carolina-based agent, alleging that she was raped by a guest attending the same eXp vendor-hosted open bar networking party in May 2023 held in conjunction with the eXp Shareholder Summit.
The man alleged to have committed the rape is a photographer who was attending the summit as a guest of another eXp agent, and who was not a licensed agent or an employee of eXp. According to the complaint, the party was open only to agents, and the plaintiff did not know how the defendant got into the closed event.
The plaintiff was staying in a hotel with two suitemates. The defendant was staying at a different hotel, but his room was paid for by his host, an eXp employee. The plaintiff alleged that during her evening at the open bar party, she recalls drinking "one to two vodka cranberry cocktails over several hours while eating and socializing with colleagues." The next thing she recalls "is being raped and strangled" by the defendant in his hotel room.
Despite his claims of never having never been in physical contact with the plaintiff, the defendant's DNA was detected from vaginal swabs collected from the rape kit. He later admitted to the law enforcement that he choked the plaintiff during sex but claimed it was consensual.
The plaintiff is demanding a jury trial and asking the court to award compensatory and punitive damages, as well as injunctive relief that would require "policy reform and reporting transparency at eXp."
An eXp spokesperson stated: "We are deeply concerned by any report of harm and extend our compassion and support to [the plaintiff]. The alleged incident occurred at a private, non-eXp-sponsored event, and the accused individual is not affiliated with eXp Realty. Brooklee Han, "eXp World Holdings named in another sexual assault lawsuit" www.housingwire.com. (May 20, 2025).
Commentary
Office parties, seminars, or events such as the networking event discussed above, even if voluntary, can lead to employer liability due to the potential for injuries, inappropriate behavior, or alcohol-related issues. Employers can be held liable under principles such as vicarious liability, where they are responsible for their employees' actions within the scope of employment. Additionally, employers have a duty to provide a safe work environment, which extends to company-sponsored events.
An employer seeking to host such events should consider the following best practices.
Make attendance voluntary, and do not question an employee's decision not to attend.
Hold the event off-site, after work hours, and make clear there is no business purpose in attending. This can help reduce the perception that the event is a work-related obligation.
Limit or prohibit alcohol. If alcohol is served, implement measures to control consumption, such as providing food and water, and designating monitors. Provide plentiful food and promote responsible drinking, such as providing "mocktails" and providing Uber/Taxi vouchers.
Review and reinforce policies. Remind employees and attendees of the company's policies regarding harassment, alcohol, and appropriate behavior.
Check that there is appropriate insurance coverage, including general liability, liquor liability, and employment practices liability.
