Sexual Harassment Statute of Limitations

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In California, the statute of limitations for filing a sexual harassment claim can vary based on several factors, including the nature of the sexual harassment and the legal route an employee chooses. State laws have extended protections and timelines over recent years to allow victims of sexual harassment or sexual abuse more time to report claims, file complaints, and pursue a workplace sexual harassment claim or sexual harassment lawsuit.

Standard Statute of Limitations

1. Filing with the California Civil Rights Department (CRD): Formerly known as the Department of Fair Employment and Housing (DFEH), the California Civil Rights Department (CRD) is the state agency responsible for investigating and handling employment discrimination and harassment claims. For cases of sexual assault or harassment in the workplace, employees typically need to file a complaint with the CRD within three years of the last incident.
2. Directly Filing a Civil Lawsuit: After filing a complaint with the CRD, individuals may pursue a civil lawsuit with the help of an employment lawyer.
3. Extended Deadlines for Minors: For those who experienced sexual harassment as minors, California may allow additional time to file claims.

Exceptions and Additional Considerations

Several exceptions may extend or impact the timeline for those who experience sexual harassment and wish to file sexual harassment claims:

• Delayed Discovery Rule: Under this rule, if a victim does not initially realize that the harassment constitutes illegal behavior, the statute of limitations may begin from the date the individual discovered, or reasonably should have discovered, the improper behavior.
• Continuing Violations Doctrine: In cases where the harassment involved ongoing behavior rather than a single incident, the statute of limitations may extend to cover the entire period of harassment if at least one instance occurred within the limitations period.
• Federal Claims with the Equal Employment Opportunity Commission (EEOC): Federal law also provides a route for sexual harassment claims under Title VII of the Civil Rights Act of 1964. If pursuing a federal claim, the employee has 180 days to file with the EEOC, or 300 days if the harassment took place in a state with its own fair employment laws, such as California. Following an EEOC complaint, claimants can receive a “Notice of Right to Sue,” allowing them to file a federal lawsuit.

Potential Compensation and Remedies

In successful sexual harassment cases, victims may receive back pay, compensation for emotional distress, and even other forms of compensation (for particularly severe or serious cases). Compensation aims to restore financial and emotional well-being and deter employers from allowing workplace sexual harassment to persist.

In California, the statute of limitations for employee harassment claims is designed to give victims of harassment adequate time to report or take legal action against unfair or hostile work environment harassment. The specific time limits vary depending on whether the claim is filed under state law, through a state agency, or under federal law.

Filing a Claim with the California Civil Rights Department (CRD)

The California Civil Rights Department (CRD) is responsible for handling a workplace sexual harassment claim. Under California’s Fair Employment and Housing Act (FEHA), employees have up to three years to file a harassment claim with the CRD from the date of the last incident of harassment.

If an employee misses their three-year window, there may still be an option to file under certain exceptions, such as the delayed discovery rule, which accounts for situations where the employee could not reasonably have known they were experiencing illegal harassment.

Civil Lawsuits and “Right to Sue” Letters

To pursue a lawsuit under California law, employees must first file a claim with the CRD and usually should obtain a “right to sue” letter if they want to proceed independently. After receiving the letter, they have one year to file a civil lawsuit in state court. Federal cases through the EEOC also require a “right to sue” notice before taking legal action.

Exceptions and Extensions

Several exceptions can extend or modify the standard statute of limitations:

• Continuing Violations Doctrine: If the harassment is part of an ongoing pattern rather than isolated events, the statute of limitations may cover the entire period as long as one instance of harassment occurred within the filing window.
• Minors: Individuals who experienced harassment as minors may have extended filing periods to accommodate delays in reporting due to age and other factors.

Remedies and Penalties

Employees who successfully prove harassment can receive remedies such as back pay, emotional distress damages, punitive damages, and attorney’s fees. These damages aim to rectify the impact of harassment and discourage employers from fostering hostile environments.

California’s extended statutes of limitations for harassment reflect its commitment to supporting employees who need time to take action, ensuring they can access justice even when delayed.

Sexual Harassment Statute of Limitations – FAQ

who do you report sexual harassment to in california? The California Civil Rights Department (CRD) is the state agency responsible for protecting Californians from improper workplace sexual harassment.

how long do you have to report sexual harassment? Typically, in California, the window to file a sexual harassment claim is three years from the date of the most recent incident.

is there a statute of limitations on workplace harassment? According to the Fair Employment and Housing Act (FEHA), the statute of limitations in California for hostile work environment claims is three years from the date on which the offense was last committed.

Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203