Sexual Harassment Statute of Limitations California (2024)

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 to ensure accountability and safety in the workplace. It’s also crucial to understand the types of sexual harassment and how they differ.

What Is Sexual Harassment?

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 Department of Fair Employment and Housing (DFEH) 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.

What Are the Different Types of Sexual Harassment?

There are two primary types of sexual harassment: quid pro quo and hostile work environment, although sexual harassment can be manifested in many forms.

• 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’s 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 yourself or anyone else.

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 will most likely 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.

FAQs

Q: What Is the Statute of Limitations in California?

A: According to the 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.

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

A: 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 will most likely be waived.

Q: What Is the Statute of Limitations for CRD in California?

A: 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 will have one more year to file a wrongful termination claim against your employer.

Finding a Reputable Law Firm for Your Case

At Shirazi Law Firm, PC, our attorney has been named a Super Lawyer in Employment Law by Los Angeles Magazine 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 to ensure that the perpetrator is held accountable for their actions and that you can receive fair compensation for the offenses committed against you.

Give us a call and schedule a compensation today to review your case.