Key Takeaways
How Long You Have to File a Sexual Harassment Claim in California
The statute of limitations sets how long you have to act after workplace sexual harassment, and the deadline depends on which agency or court you file with. Missing it can end a valid claim before it starts, so these are the timeframes that matter most.
- In California, you generally have three years from the last act of harassment to file a complaint with the California Civil Rights Department (CRD) under the Fair Employment and Housing Act (FEHA).
- After the CRD issues a Right-to-Sue notice, you have one year to file a civil lawsuit in state court.
- Federal charges with the EEOC must be filed within 180 days, extended to 300 days when the conduct is also covered by California law, and you have 90 days to file in federal court after an EEOC Right-to-Sue notice.
- Federal government employees face a much shorter deadline and must contact an EEO Counselor within 45 days of the harassment.
- Some deadlines can be extended by ongoing harassment, delayed discovery, or California laws such as AB 9 and AB 2777, so confirm your deadline with an attorney before assuming it is too late.
California Statute of Limitations for Sexual Harassment Claims
What’s the sexual harassment statute of limitations in California?
In California, employees generally have three years to file a sexual harassment complaint with the Civil Rights Department (CRD) under the Fair Employment and Housing Act (FEHA). After receiving a Right-to-Sue notice from the CRD, you have one additional year to file a civil lawsuit. Federal EEOC charges must be filed within 300 days of the harassment (or 180 days if no state agency covers the conduct), and any federal lawsuit must be filed within 90 days of receiving an EEOC Right-to-Sue notice. Federal employees have just 45 days to contact an EEO Counselor.
A Brief Overview of Sexual Harassment
Workplace discrimination is illegal under Title VII of the federal Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. Sexual harassment is sex-based discrimination, and federal and California anti-discrimination laws have similar definitions of unlawful conduct.
You can be a victim of workplace sexual harassment if you have had to endure unwelcome, sex-based conduct in one of the following forms:
- Someone under your employer’s control required you to accept unwanted sexual advances or offensive sex-based conduct to receive or keep job benefits or
- Someone under your employer’s control engaged in verbal or non-verbal, sex-based conduct that was offensive and pervasive enough to make your workplace a hostile environment.
Your employer can be liable for the offensive, sex-based conduct of supervisors, non-supervisor employees, contractors, clients, and customers. To hold an employer accountable for the actions of non-supervisors and non-employees, you have to prove that your employer had proper notice and opportunity to address the harassment and had control over the harasser.
For a harassment case that creates a hostile working environment, you must prove that a reasonable person would view your workplace as hostile. It is often easier to prove this hostile nature if you can present a pattern of offensive workplace behavior. Speak to an experienced sexual harassment attorney about the best ways to prove harassment in your case.
Filing a Workplace Sexual Harassment Complaint
Victims of workplace sexual harassment can file complaints with the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). Victims can also file civil lawsuits against their employers or harassers. Winning a complaint or lawsuit means a victim could recover financial damages and job benefits and win policy changes at work.
There is a specific statute of limitations on workplace sexual harassment claims in each category of legal action mentioned above. Your deadline for filing a complaint or lawsuit also depends on whether you are an federal government employee.
TIME MATTERS, BUT SO DO YOU
You Don’t Have to Count the Days Alone
Trying to figure out how much time you have left, while still processing what happened to you, is a heavy thing to carry by yourself. You do not need to have your dates, your evidence, or your decision sorted out before you reach out. The Law Office of John Dalton can look at your situation, tell you where your deadlines actually stand, and help you understand your options without any pressure.
Schedule Your Free Case ReviewFind Justice With Our California Sexual Harassment Attorneys by Your Side
The Statute of Limitations for EEOC Complaints
You must file an EEOC discrimination complaint (a charge) within 180 days. If the discriminatory behavior you identify in your EEOC charge is also unlawful under state anti-discrimination laws, you have 300 days to file your EEOC charge.
Keep in mind that these deadlines do not apply to employers who have fewer than 15 employees. Also, these deadlines do not apply to federal government employees.
The Statute of Limitations for CRD Complaints
The statute of limitations on sexual harassment claims filed under California law is more forgiving than its federal counterpart. California law allows you to file a CRD complaint regardless of your employer’s number of employees. You have three years to file a sexual harassment complaint with the CRD. Also, when you file a complaint with the CRD, the state agency dually files your complaint with the EEOC.
The Statute of Limitations for Civil Lawsuits
You must meet two deadlines if you want to file a lawsuit in civil court. First, you must file a discrimination complaint with the EEOC or CRD. Second, you must meet the deadline for filing a lawsuit after you file your EEOC or CRD complaint.
You must file an EEOC or CRD complaint before filing a sexual harassment lawsuit in federal or state court. After you file a complaint with either agency, the EEOC and CRD investigate the alleged harassment. After an EEOC or CRD investigation, you can receive a Notice of Right to Sue/Right-to-Sue Notice.
You cannot file a civil lawsuit for workplace harassment until you have your Right to Sue. When you receive an EEOC Notice of Right to Sue, you have 90 days to file a harassment lawsuit. And when you receive a CRD Right-to-Sue Notice, you have one year to file a harassment lawsuit. If you want to forgo EEOC or CRD investigation and cut directly to filing a lawsuit, you can immediately apply to obtain your Right to Sue.
The Statute of Limitations for Federal Government Employees
When you work for the federal government and endure workplace sexual harassment, your first step to seeking justice is to speak to an EEO Counselor about your situation. You have to take this first step within 45 days of the harassment.
After speaking to your EEO Counselor, you must usually attempt settlement through alternative dispute resolution or counseling. If attempts at settlement are unsuccessful, you can file a formal complaint. You must file this formal complaint within 15 days of receiving notice from your EEO Counselor regarding how to file.
IT’S NOT TOO LATE TO ASK
Worried You’ve Waited Too Long? Find Out for Certain.
Many people assume their window has closed and never ask, when in reality ongoing harassment, delayed discovery, and California laws like AB 9 can keep a claim alive longer than you would expect. The only way to know where you really stand is to have someone look at the specifics. Reach out to the Law Office of John Dalton and get a clear answer before you assume it is too late.
Schedule Your Free Case ReviewWhy You Need an Attorney
Sexual harassment is traumatizing. It can leave you in distress that harms your personal and professional life. Handling these devastating effects of an employer’s misconduct while trying to fulfill all state and federal rules for filing sexual harassment complaints can be overwhelming at best. An experienced attorney can satisfy all filing deadlines and present the most convincing case in your favor while you recover from your employer’s mistreatment. You should speak to an attorney immediately after suffering in a sexually offensive or hostile working environment.
The Law Office of John Dalton Fights for Employees
Attorney John Dalton is an experienced California attorney dedicated to protecting mistreated employees. The Law Office of John Dalton has been fighting employment discrimination since 1998, and John has won some of the largest verdicts against sexual harassment in the State of California. Our office cannot tolerate workplace bullies, and we refuse to let them harm our clients with impunity. If you are a victim of sexual harassment, let us stand up for you.
Act Now – Consult an Attorney Who Will Fight for Justice
Call us at 858-720-8422 or contact us online to schedule a consultation.