If you have experienced sexual harassment in the workplace, coming forward can be one of the most difficult and emotional things you do. However, hesitation or reluctance to report incidents can lead to missing California’s critical statute of limitations deadline. Speaking to a Los Angeles sexual harassment lawyer about how long you have, so you do not lose your right to seek justice.
California’s Statute of Limitations for Sexual Harassment Claims
California provides one of the most generous timeframes in the nation for victims of workplace sexual harassment, thanks to legislative changes that extended the deadline. Effective January 1, 2020, Assembly Bill 9 extended the statute of limitations to three years from the date of the harassment or the last action in a series of incidents.
Within that timeframe, you must file an administrative complaint with the California Civil Rights Department (CRD). Before you can file a civil lawsuit in state court, you must first obtain a right-to-sue notice from the CRD. Once you receive that right-to-sue notice, you have one year to file your civil lawsuit in a California state court.
This three-year window gives victims much more time to process the trauma, gather evidence, and seek legal guidance compared to the federal deadline set by the Equal Employment Opportunity Commission (EEOC).
Do Not Delay in Filing
The deadline extension of three years offers some help, but it should not be viewed as permission to delay. The statute of limitations exists for important legal reasons, and missing the deadline could mean that you will lose any right to pursue your claim. Acting promptly provides crucial practical advantages:
- Evidence Preservation: Memories fade, and documents can disappear. The sooner you start, the better your chances of securing crucial evidence like emails, text messages, internal memos, and witness testimonies before they are lost or deleted.
- Building a Strong Case: Developing a strong legal case requires time to investigate the facts, interview witnesses, and construct a compelling strategy. Starting early maximizes your chances of a successful outcome, whether through settlement or trial.
- Minimizing Retaliation: Taking strategic legal steps early on can help you manage and document any potential retaliation from your employer, which is itself an illegal act.
Take action as soon as you are able to speak with a lawyer about your case and learn the next steps for your specific situation.
Practical Steps to Protect Your Claim
If you are currently enduring or have recently experienced sexual harassment, begin by keeping a detailed, private record of every incident. Note the dates, times, locations, what was said or done, who was present, and how the harassment affected your work and emotional well-being. Save all relevant emails, texts, voicemails, and written notes concerning the harassment.
Download and keep these documents and evidence outside of the workplace or work devices. If your employer has an anti-harassment policy, follow the internal reporting procedures, preferably in writing. Keep copies of your written complaints and any response you receive.
Seek legal consultation as soon as possible to help identify all applicable deadlines, ensuring you comply with both state and federal filing requirements. Going through the emotional trauma of sexual harassment is a lot, but understanding the three-year statute of limitations in California empowers you to take decisive action when you are ready.