FREE CONSULTATIONS:
415.925.5161
What are the time limits for filing a workplace sexual harassment claim?
All workplace sexual harassment claims must be filed within a certain timeframe, known as a statute of limitations. In California, an employee has three years from the date of the most recent sexual harassment incident in which to file a complaint with the state’s Department of Fair Employment and Housing (DFEH). Filing a claim with the DFEH is a necessary step for anyone planning to bring a sexual harassment lawsuit for damages against an employer. However, the DFEH rarely takes on any claim it receives. But you can obtain a “right to sue” letter from the DFEH, which will then enable you to file a lawsuit at Court. A skilled employment attorney can take care of this process for you.
You may have heard that you also have the option of filing an official complaint with the Equal Employment Opportunity Commission (EEOC) at the federal level. As is often the case, California law is more employee-friendly than federal law. While the state DFEH gives you three years, the EEOC statute of limitations is only 180 days of the most recent sexual harassment incident. Like the DFEH, due to resource constraints, the EEOC cannot investigate and take on all of the complaints it receives.
If you have been sexually harassed at work, you should act as soon as possible. Regardless of the statute of limitations, witnesses’ memories will fade, and evidence may be lost the longer you wait.
Talk to a San Francisco, sexual harassment lawyer right away to ensure you do not miss the deadline for filing a claim. McCormack Law Firm is here to help you understand your legal options and provide guidance about statutes of limitations applicable to your situation.
Other Sexual Harassment FAQs:
- Does online harassment count as sexual harassment?
- I experienced sexual harassment outside of the workplace. Can I still file a claim?
- What are the time limits for filing a workplace sexual harassment claim?
- What is sexual harassment in California?
- What kind of evidence is required to prove sexual harassment?
- What should I do if I am experiencing sexual harassment at work?
- What types of damages can I get in a sexual harassment lawsuit?
- Why do I need a lawyer for my sexual harassment claim?
Practice Areas
Schedule your free consultation today: 415.925.5161
Client testimonials
This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
SEEN ON
