How long do I have to file a sexual harassment claim?
Employees seeking to file a sexual harassment claim are required to follow important time limits, known as the statute of limitations. The statute of limitations for filing a complaint with California’s Department of Fair Employment and Housing (DFEH) is three years from the date of the last incident of sexual harassment.
When you file a complaint with the DFEH, you can either ask the department to investigate the claim or request a right to sue letter. Once you receive the letter, you have one year to file a sexual harassment lawsuit with the California Superior Court.
You may also file a claim with the federal Equal Employment Opportunity Commission (EEOC). In most cases, the time limit for doing so is 180 days from the date of the most recent incident of sexual harassment. However, in California, the EEOC time limit is extended to 300 days.
Failing to meet DFEH or EEOC deadlines can mean you lose your right to file a sexual harassment lawsuit. For assistance with the legal process, speak to an experienced employment law attorney at Erlich Law Firm.
Other Sexual Harassment FAQs:
- Can I file a sexual harassment claim against my employer if I was harassed outside of the workplace?
- Can I file a sexual harassment claim even if there were no witnesses?
- Can my employer fire me if I complain about sexual harassment?
- Can my employer retaliate against me for filing a sexual harassment claim?
- Can sexual harassment victims stay anonymous?
- Does online harassment count as sexual harassment?
- Does physical touching need to be involved for conduct to be considered sexual harassment?
- Does verbal harassment count as sexual harassment?
- How can a lawyer help me with my sexual harassment claim?
- How long do I have to file a sexual harassment claim?
- I was sexually harassed at work do I need an attorney?
- What evidence do you need to prove sexual harassment at work?
- What happens if you are laid off after being sexually harassed?
- What is sexual harassment at work?
- What is sexual harassment in the workplace?
- What should I do if I was sexually harassed at work?
- What should I do to protect my legal rights if I have been sexually harassed at work?
- What types of sexual harassment can occur in California workplaces?
- Who do I tell if I feel that I am being sexually harassed at work?
- Who is liable for sexual harassment in the workplace?
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My parents were heavily involved in community organizing. Seeing neighbors and friends’ parents struggle in the workplace gave me a sense of purpose that I wanted to help others. Many employees feel helpless and powerless in the workplace, and helping them vindicate their rights is the right thing to do.
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