How Long Do You Have to File a Workplace Sexual Harassment Claim In California?
California has federal and state laws in place prohibiting toxic and hostile behaviors in the workplace, including sexual harassment. Sexual harassment is an egregious violation of the Civil Rights Act of 1964 as well as a violation of California’s state employment laws. California workers do not have to tolerate sexual harassment. Sexual harassment is a form of workplace gender discrimination because it does not allow the victim to enjoy the same safe, comfortable work environment that others of the opposite sex enjoy in the same workplace.
Victims of sexual harassment in California have a right to file a complaint and recover compensation, but understanding the important timeline and deadlines for filing a claim with the appropriate entity is critical for a successful case. Contact our Orange County sexual harassment attorneys for a free case review today.
What Is the Time Limit to File a California Workplace Sexual Harassment Case?
The time limit for filing a sexual harassment claim in California depends on how the victim files their complaint. If they file a complaint with California’s Department of Fair Employment and Housing (DFEH), they must file within three years of the last harassment incident. Filing this claim is the first step of a lawsuit against an employer to recover damages. The DFEH rarely handles the lawsuit process themselves, but instead, issues the harassment victim a “Right to Sue” letter which then allows the employee to file a lawsuit in a California court.
Some California employees choose to file a federal claim with the Equal Employment Opportunity Commission (EEOC) instead. A federal claim allows injury victims only 180 days from the date of the last harassment incident to file a claim.
How Do I Know Whether to File With DFEH or EEOC?
Both agencies enforce laws against sexual harassment and other forms of workplace discrimination with overlapping policies but also some distinctions. The EEOC typically has jurisdiction against employers with 15 or more employees while DFEH has jurisdiction for employers with five or more employees. Often, the state agency offers more comprehensive protections for victims of sexual harassment. For instance, the DFEH includes anti-discrimination protections for discrimination against an employee due to their marital status, which isn’t addressed by federal codes.
The EEOC only has jurisdiction in cases against California employers, but the EEOC hears complaints against employers anywhere in the country.
Federal employees must file administrative complaints before beginning a civil lawsuit. It also benefits non-federal employees to file complaints with their HR department to allow an opportunity for an employer to correct the situation. This also provides an official record of the harassment which may be important to the success of the claim.
How Soon Should I Act After a Case of Workplace Sexual Harassment In California?
Regardless of the type of harassment claim you intend to file, acting quickly is important, not only to meet deadlines but also to ensure that memories are fresh and reliable and any evidence remains available in the case. The first step is to document the times and dates that the harassment occurred and make an HR complaint. Then, obtaining a Right to Sue letter from the DFEH gives a California employee a year from the date of the letter to file a lawsuit with the California Superior Court.
No one should have to suffer sexual harassment at work and employers must be accountable for harassment that occurs in their workplace environment. A California sexual harassment attorney can help you determine the best way to move forward with your complaint. Contact our experienced legal team at Sessions & Kimball LLP to review your options today.