Sexual Harassment Statute of Limitations California

Understanding the sexual harassment statute of limitations in California is critical if you are being harassed at work. Despite decades of data and statistics, unfortunately, the reality is that sexual harassment has remained a pervasive issue in work environments across America, and California is no exception.

For both employers and employees, understanding the sexual harassment statute of limitations California has in place is essential for accountability and safety in the workplace. It is also crucial to understand the types of sexual harassment and how they differ.

What Is Sexual Harassment?

In the United States, 1 person is sexually assaulted every minute, and sexual harassment charges make up 27.7% of all harassment charges filed with the Equal Employment Opportunity Commission, or EEOC.

Before you can understand the different forms and laws in place regarding sexual harassment, you must understand its meaning. Sexual harassment is any unwelcome and inappropriate sexual remarks or physical advances. It can include requests for sexual favors, jokes that are unwanted and sexual in nature, or any other verbal or physical conduct that is sexual in nature and interferes with another person’s ability to work or creates a hostile or intimidating environment.

Sexual harassment in any form is prohibited by both federal and California state laws, including Title VII of the Civil Rights Act of 1964, and it is enforced by the California Civil Rights Department (CRD) at the state level and the Equal Employment Opportunity Commission (EEOC), which enforces federal employment discrimination laws.

While sexual harassment is often confused with sexual assault, the two terms represent different things. Sexual assault refers to non-consensual sexual violence, while sexual harassment is less severe in nature. Nonetheless, it is serious and illegal, and it should not be tolerated in the workplace.

It is also important to note that sexual harassment, like other forms of harassment, is subject to the victim’s perception. If a person feels that behavior from a coworker represents sexual harassment, even if the coworker claims that harassment is not their intention, authorities are likely to side with the alleged victim if they determine that a reasonable person could perceive that the behavior in question is sexual harassment.

What Are the Different Types of Sexual Harassment?

Although sexual harassment can take place in any number of contexts and forms, there are two primary types of sexual harassment. They are quid pro quo and hostile work environment.

• Quid Pro Quo: Quid Pro Quo means “this for that” in Latin. This type of harassment occurs when a person’s employment status, rate of pay, benefits, title, position, or advancement are based on the submission of unwelcome sexual advances or favors. For example, an employer may threaten to terminate an employee if they do not submit to their requests for sexual favors.
• Hostile Work Environment: Hostile work environment harassment occurs when unwelcome sexual conduct interferes with an individual’s reasonable ability to perform their work duties or creates an intimidating, hostile, or offensive work environment. It can occur in one severe instance or be pervasive and persistent enough to affect one’s ability to perform their job.

Both of the types of sexual harassment listed above are illegal and should be taken very seriously. If you have experienced either quid pro quo or hostile work environment sexual harassment, then it is crucial that you report the offense to your employer immediately.

Consult with a trusted sexual harassment lawyer with direct experience handling sexual harassment cases. This way, the responsible party can be held accountable for their actions and prevented from continuing their inappropriate behaviors toward you or anyone else.

How to File a Sexual Harassment Claim in California

If you believe you have experienced sexual harassment in the workplace in California, you have the right to pursue justice. It may seem like a daunting task to begin the process of a legal claim, but you should not let the overwhelm stop you from moving forward. Each sexual harassment case is different, but the following are the general steps you should take to begin moving toward a satisfactory resolution. 

• Determine whether the situation qualifies as sexual harassment. If you feel that a coworker’s behavior meets the definition of sexual harassment, it is likely that it does. If you are unsure, you should consult a sexual harassment attorney to get their insight regarding the conduct.
• File a human resources complaint. Most employers in California have human resources departments, and filing a complaint with human resources is often a necessary step to move forward with a sexual harassment claim. Most of the time, if you try to file a claim with outside agencies, the first question they ask will be whether you submitted a complaint through the appropriate internal channels.
• Document the behavior. In situations like alleged sexual harassment, the more evidence you can produce, the stronger your case will be. When a situation comes down to your word against someone else’s, any supporting documentation you have might sway things in your direction. Write down the dates, times, and contexts of any relevant incidents, and save any written communication that may be pertinent.
• Hire a sexual harassment lawyer. If you believe you have a legitimate sexual harassment case, you should hire an attorney as soon as you can to help you through the process of seeking justice. An experienced lawyer can help you by providing deep knowledge of California’s relevant laws, as well as by handling communication between you and other parties involved in the case.
• File a complaint with the California Civil Rights Department. If your problem is not resolved through your employer’s internal processes, the next step is to file an official complaint with the California Civil Rights Department. This is the government agency responsible for enforcing anti-discrimination laws and regulating workplace environments.
• File a civil claim. If the California Civil Rights Department determines, based on your report and supporting evidence, that the sexual harassment you report is more likely than not to have occurred, you will likely receive a Notice of Right to Sue. This is a document that states your claim is legitimate and that you have the right to pursue a civil claim against your employer.

Your lawyer can help you through every step of this process, so it is wise to retain an attorney’s services as quickly as you can. When you file a civil claim against your employer, your employer may take steps to try to settle with you, which is an agreeable outcome if the settlement is satisfactory. If you are unable to reach a settlement through negotiation, you may need to go to court to resolve the matter.

What Is the Statute of Limitations for Sexual Harassment in California?

The statute of limitations for hostile work environment claims in California is three years from the date the offense was last committed, according to the Fair Employment and Housing Act (FEHA), the state agency responsible for enforcing California’s anti-discrimination and harassment laws.

This includes any discrimination, retaliation, and harassment claims committed by a California employer toward an employee. If the complaint is not filed by the victim within the three-year statute of limitations, then the claim might be waived. However, there are a few exceptions depending on the circumstances of the individual case.

If the alleged harassment also constitutes a violation of federal anti-discrimination laws, such as Title VII of the Civil Rights Act, then the victim or plaintiff may have additional time to legally file a complaint with the Equal Employment Opportunity Commission (EEOC), which is the federal agency that enforces employment discrimination laws.

Recent Changes: What You Need to Know

California’s sexual harassment laws have changed in ways that make understanding deadlines more important than ever. One of the biggest updates came with Assembly Bill 9, also known as AB 9, which went into effect on January 1, 2020.

Before AB 9, most employment claims under the Fair Employment and Housing Act (FEHA) had to be filed within a year of the alleged misconduct. However, AB 9 extended that to three years, giving employees more time to come forward with claims of harassment, discrimination, or retaliation.

However, AB 9 cannot revive claims that were already expired under the old deadline. That means if your sexual harassment case had already expired before January 1, 2020, the new limit doesn’t bring it back to life.

Another update that sometimes causes confusion is the name of the state agency that handles these claims. As of July 1, 2022, what used to be the Department of Fair Employment and Housing (DFEH) is now called the Civil Rights Department (CRD). Many guides and online resources still use the DFEH acronym, but today, the CRD is the agency that enforces California’s sexual harassment laws.

Filing with the correct agency matters because it makes certain that your sexual harassment case is officially recognized and properly processed.

Together, these changes in the AB 9’s filing period and the agency update show how California is trying to make its sexual harassment laws more accessible and easier to navigate for employees.

Keeping up with these updates is critical, and having an experienced California sexual harassment attorney to guide you through the process can make a real difference when it comes to making sure your claim is filed correctly and on time.

Federal vs. California Deadlines: The Fine Print

California’s deadlines are not the only ones that might apply if you are considering pursuing a sexual harassment case. Federal law offers a separate path through the Equal Employment Opportunity Commission (EEOC), and the timelines are different.

Generally, an EEOC charge needs to be filed within 180 days of the unlawful conduct. In states like California, with their own agency enforcing similar sexual harassment laws, the deadline is usually extended to 300 days.

Because federal timelines can be much shorter than California’s three-year window, a California sexual harassment attorney can often evaluate both options early on to make sure that you don’t miss the shortest deadline.

After the EEOC processes a charge and finds that the allegations are legitimate, the organization may issue you a document called a Notice of Right to Sue, which typically gives you 90 days from the notice date to file a claim with the court. Missing this deadline can end a sexual harassment case before it begins, even if the underlying conduct was serious.

There is also a very important nuance for employees who go through the CRD right-to-sue-only route under California’s sexual harassment laws. According to the guidance of the CRD, if you request a right-to-sue this way, the CRD doesn’t automatically file your complaint with the EEOC.

If you want federal processing or a federal right-to-sue letter, you may need to contact the EEOC separately. Overlooking this step could affect your sexual harassment case, which is why coordinating a strategy with a California sexual harassment attorney is so important.

FAQs

What Is the Statute of Limitations for Employment Claims in California?

According to California law, the statute of limitations for employment claims in California is three years from the date of the incident. That means that after any employment law violation, the employee would need to file a claim within three years for it to be valid. Securing assistance from a sexual harassment attorney can help your case stay on track.

What Is the Statute of Limitations on Hostile Work Environments in California?

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. This includes any discrimination, retaliation, and harassment claims committed by a California employer toward an employee. If the complaint is not filed by the victim within the three-year statute of limitations, then the claim could most likely be waived.

What Is the Statute of Limitations for CRD in California?

The statute of limitations for filing an official administrative complaint with the California Civil Rights Department (CRD) is three years from the date the incident occurred. In wrongful termination claims, once you have received notice from the CRD via your right-to-sue letter, you then have one more year to file a wrongful termination claim against your employer.

How Much Does It Cost to Hire a Sexual Harassment Lawyer in California?

The cost to hire a sexual harassment lawyer in California will depend on several circumstances. These include the experience of your lawyer, the complexity of your case, and whether the case is litigated in court. To understand the exact costs you could incur, speak with your lawyer during your initial consultation.

Hire a Sexual Harassment Lawyer: Finding a Reputable Law Firm for Your Case

It is important to hire a sexual harassment lawyer with the experience needed to effectively advocate for you. At Shirazi Law Firm, P.C., our attorney has been named a Super Lawyer in Employment Law by Los Angeles Magazine for 15 years in a row, which honors only the top 2.5% of attorneys practicing in Southern California.

Let our attorney and his team work tirelessly for you so that the perpetrator is held accountable for their actions and so you can receive fair compensation for the offenses committed against you. Give us a call and schedule a consultation today to review your case.