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Employee Rights

Time Restraints On Sexual Harassment Reporting

Posted by Eric Kingsley | May 12, 2019 | 0 Comments

sexual harassment time frame

When you are a victim of sexual harassment you may feel overwhelmed and unsure of what to do.  It is wise to consult an attorney immediately for advice and guidance. California and Federal law protects you; however you must file a complaint within one year of the harassing behavior.

How Long Do I Have To Report a Sexual Harassment Complaint?

Under California law, you have up to one year to file a sexual harassment complaint with the Department of Fair Employment and Housing (DFEH).   Conversely, victims have only 180 days from the time of the incident to file with the Federal Equal Employment Opportunity Commission (EEOC)

Filing with the EEOC protects your federal right to sue when a complaint has not been filed with the DFEH.  Both agencies have a “work sharing agreement”, meaning a charge filed with one is considered filed with the other.

You will receive a “right to sue” letter immediately from either agency once you have filed a charge.  Again, the time frames are different for taking action.  With the EEOC, you have 90 days to file a sexual harassment lawsuit, where the DFEH allows one year to do so.

Speaking with an experienced sexual harassment attorney near you is important following a violation.

About the Author

Eric Kingsley

In practice since 1996, the firm's lawyer and co-founder, Eric B. Kingsley, has litigated complex cases and written numerous appeals in state and federal courts on behalf of the California law firm Kingsley & Kingsley, including More than 150 collective actions. Mr. Kingsley focuses his practice ...

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