In order to file a suit for sexual harassment, the victim must file an administrative claim with the California Department of Fair Employment and Housing (DFEH) and/or the federal Equal Employment Opportunity Commission (EEOC).
The statute of limitations for filing a sexual harassment claim with the DFEH is one year from the date of the most recent incident of harassment. The one-year period may be extended by 90 days if the victim became aware of the facts of the harassment after the expiration of the one-year period since the last incident of harassment.
When filing a claim with the DFEH, the victim may request an immediate investigation of the claim or a right to sue letter. A right to sue letter offers the victim one year from the date of the letter to file a suit with the California Superior Court against the alleged perpetrator of the sexual harassment and/or employer.
A victim of discrimination or harassment has only 180 days from the most recent incident of harassment to file an administrative claim with the EEOC. If the victim files a claim with the EEOC and the DFEH in parallel, the period to file the EEOC complaint is extended to 300 days from the date of the last incident of harassment, or within 30 days of receiving a right to sue letter, whichever is earlier.
If a victim of sexual harassment fails to file an administrative claim with the EEOC or DFEH within the statute of limitations, they may be unable to move forward with a lawsuit.
Other Employment Law FAQs:
- According to the rules for overtime pay in California, how long do I have to file an overtime pay claim?
- Am I entitled to overtime pay?
- Are there any restrictions on what an employer can ask me during a job interview?
- Can employers assign work based on employees’ ages?
- Can I get fired for reporting sexual harassment to my employer?
- Can my employer ask about my age?
- Can my employer legitimately deduct anything from my paycheck?
- Can temps file discrimination lawsuits?
- Does an employer have to give me rest breaks?
- How and when do you file an unlawful retaliation lawsuit?
- How can I prove age discrimination in my workplace?
- How do I recognize on-the-job discrimination?
- How is illegal retaliation defined?
- How is national origin discrimination defined?
- How to Report Sexual Harassment at Work?
- I am scared to report sexual harassment because I fear that I will be retaliated against by my employer. What should I do?
- I was sick and had to take a leave of absence. When I came back to work, I was fired. Is it wrong for me to be fired?
- If I was sexually assaulted many years ago, can I still bring a civil lawsuit for damages?
- If my employer violated the terms in the employee handbook by firing me, can I hold him responsible?
- Is my employer responsible if I am sexually harassed at a company-sponsored event outside of working hours?
- Is sexual battery charged as a misdemeanor or felony?
- My employer does not pay mileage reimbursement when I use my own car for company business. What is the California law on mileage reimbursement?
- My employer does not pay overtime pay. What is the California law on overtime pay? Am I supposed to receive overtime on my commission also?
- My employer yelled and cursed at me. Can I sue him or her for harassment?
- What are my rights regarding breaks and meal periods?
- What are the federal and state laws and regulations which provide legal protections for employees?
- What are the signs of age discrimination in the workplace?
- What are the time limits for filing a sexual harassment claim?
- What can I do if I see my co-worker being sexually harassed? Can I file a suit against it?
- What can I do if I was wrongfully terminated?
- What evidence is necessary in order to help prove national origin discrimination under Title VII?
- What is age discrimination? What are some examples of age discrimination?
- What is an “at will” work state?
- What is national origin discrimination under Title VII?
- What is overtime in California? Does an employer have to pay me overtime and how much should they pay me?
- What is the ADEA?
- What is the California law for vacation pay? My employer does not want to pay me for unused vacation pay when I quit or was terminated.
- What is the difference between sexual violence, sexual assault and sexual harassment?
- What proof of discrimination at work do I need to include in a discrimination complaint?
- What qualifies as discrimination?
- What qualifies as sexual harassment at work?
- What should I do if I was sexually harassed?