Default Image

Statutes of Limitations for Sexual Harassment Cases

Free Case Review
Footer Contact Form
  • icon

    The Fee Is Free Unless You Win.

  • Top Rated Employment Law Firm

  • icon

    Protecting Families Since 1995

  • icon

    $400 Million Won

TABLE OF CONTENTS

Time Limits to File Your Claims for Sexual Harassment

Sexual harassment statute of limitations may vary between federal and state laws. They may also vary from time limits assigned to other employment law violations. Understanding your rights under the law is important for your case. However, understanding the time limits to file a claim is imperative to getting your case heard.

Sometimes, you may miss the statute of limitations under federal law. However, your state’s law may provide additional time to file your case in state court. Therefore, when your time to file expires under one law, do not assume your time to file expired under all laws.

What Are the Federal Statutes of Limitations for Sexual Harassment Cases?

Sexual harassment cases fall under Title VII of the Civil Rights Act. Sexual harassment is a form of sex and gender discrimination.

The Equal Employment Opportunity Commission (EEOC) handles all Title VII claims. The EEOC sets a statute of Limitations of 180 days for filing Title VII claims, including sexual harassment claims. If your state maintains separate sexual harassment laws protecting employees, the time limit to file an EEOC claim becomes 300 days.

Federal and state government employees also have the right to file charges of sexual harassment with the EEOC. However, they receive 180 days to file their claim, regardless of what state laws exist.

The EEOC investigates your claim to provide you with permission to file a lawsuit in federal court. This permission comes as a Right to Sue Letter. Once the EEOC investigates your claim and determines that you have a qualified sexual harassment claim, they will issue a Right to Sue Letter.

The EEOC has 180 days to complete its investigation and issue the Right to Sue Letter. The Right to Sue Letter gives you a 90-day time limit to file your complaint in federal court.

The dedicated and compassionate sexual harassment attorneys at the Derek Smith Law Group can help clients in Los Angeles, Philadelphia, New York City, Miami, and New Jersey file their claims with the EEOC. These states all have state-wide anti-sexual harassment laws. Therefore, the time limit in these states to file your EEOC claim is 300 days.

The New York State Human Rights Law (NYSHRL) deals with sexual harassment in the workplace under the sex discrimination provision. Sexual harassment claims get filed with the New York State Division of Human Rights.

The time limit to file a claim with the NYS Division of Human Rights or New York State Court under the NYSHRL is three years. New York State has a work-sharing agreement with the EEOC. Under the agreement, claims get filed with both agencies when they are filed with one.

The NYSHRL deals with claims of sexual harassment. However, several laws deal with other forms of sexual assault in and out of the workplace.

  1. Physical Sexual Assault can result in a separate civil lawsuit. This lawsuit does not go through the NYS Division of Human Rights. It can get filed directly in state court. The statute of limitations for sexual assault claims is five years.
  2. The Victims of Gender-Motivated Violence Protection Act (VGMVPA) prohibits any form of gender-based sexual violence, including assault and domestic violence. The time limit to file a sexual assault or rape claim under the VGMVPA is seven years.
  3. The Child Victims Act (CVA) deals with child sexual assault. Under this law, victims have until age 55 to report a claim in state court. Statistics show that many child victims of sexual assault require more time to feel comfortable talking about their ordeal. Therefore, the law affords these victims enough time to be willing and able to come forward and face their abusers.

The New York City Human Rights Law (NYCHRL) mimics the NYSHRL. The statute of limitations to file a sexual harassment claim in New York City under the NYCHRL is three years.

New Jersey sexual harassment claims get filed as sex discrimination claims under the New Jersey Law Against Discrimination (NJLAD). NJLAD provides a time limit of 2 years to file sexual harassment claims in state court.

Claims of child sexual abuse victims are filed under the New Jersey Child Victims Act. Victims can file claims through age 55 or 7 years after discovering the abuse, whichever is later.

The Pennsylvania Human Relations Commission (PHRC) oversees any sexual harassment claims in Pennsylvania. The statute of limitations to file your claim is 180 days. Once the PHRC receives your claim, they have up to a year to issue a Right to Sue Letter.

Sometimes the PHRC holds the claim longer than one year. In those cases, you may need to file a claim within two years to release your case and issue your Right to Sue Letter.

The PHRC and EEOC have a work-sharing agreement. This agreement allows cases to get filed with both agencies at the same time.

Any claims of child sexual abuse filed under the Pennsylvania Child Victims Act must get filed before the victim reaches age 55 if under 18 at the time of the assault. If the victim was between 18 and 23 at the time of the assault, the time limit to file a claim is age 30.

The Philadelphia Commission of Human Relations (PCHR) gives a time limit of 300 days to file a sexual harassment claim.

If you file a claim with the PCHR, it automatically gets filed with the EEOC under the work-sharing agreement.

The Florida Commission of Human Relations (FCHR) receives all sexual harassment claims relating to the Florida workplace. The statute of limitations to file your claim is one year from the date of the incident.

The FCHR typically has 180 days to review the claim and issue a Right to Sue Letter. If the organization sits on your claim, you have a 4-year time limit to file your state court complaint.

However, if the FCHR issues a Right to Sue Letter indicating probable cause, you have a time limit of 1 year to file your state court complaint.

As with other states, Florida and the federal EEOC have a work-sharing agreement. Anything filed with one agency gets filed with the other.

In 2010, Florida issued a ruling that any child sexual assault claims occurring after 2010 have no statute of limitations to file a lawsuit in civil court. Victims can file a claim at any time after experiencing child sexual assault. However, the law is not retroactive. Victims of assaults occurring before 2010 must adhere to the prior statute of limitations.

California’s Fair Employment and Housing Act (FEHA) prohibits any sexual harassment at work. All claims get filed with the Department of Fair Employment and Housing (DFEH).

Since January 1, 2019, employees have three years to file their sexual harassment claims. Sexual harassment claims resulting from places of public accommodations, as opposed to workplace events, must get filed with the DFEH within one year of the incident.

Sexual assault claims are handled differently. They are filed directly in state court within two years of the incident. The Fair Employment and Housing Act (FEHA) protects employees from workplace discrimination and harassment. Any violation of the law must be filed with the Department of Fair Employment and Housing (DFEH).

Once again, the DFEH and the EEOC have a work-sharing agreement. The claims are filed with both entities when filed with one.

The California Child Victims Act provides a statute of limitations for child victims to file claims up through age 40 or 5 years after discovering the assault, whichever is later. However, victims can file at any time through January 2023 if their cases had previously been dismissed for missing the statute of limitations.

Testimonials

Hear From Our Valued Clients

Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial

Rae Millstone

Stand Up Against Harassment Now

Empower your voice and take action against sexual harassment in every workplace, community, and home.

search Free Consultation 800 807 2209

Statute of Limitations Chart for Federal, State, and City Courts

Statutes of Limitations Jurisdiction
300 Days EEOC Title VII Claims in States with separate state laws regarding sexual harassment.
180 Days EEOC Title VII Claims in States without similar laws and for federal and state government employees
90 Days The time limit to file your claim in federal court after receipt of your Right to Sue Letter
3 Years Sexual harassment Lawsuit in New York State and New York City. No Right to Sue necessary.
7 Years Claims under the NYS Victims of Gender-Motivated Violence Protection Act.
Age 55 Claims under the NYS Child Victims Act. The law allows extended time to file a lawsuit against your abuser. Under the law, victims have more time to file a claim in civil court. Now victims can file up until they reach age 55.
2 Years Claims under the New Jersey Law Against Discrimination (NJLAD).
Age 55

or

7 Years from the Date You Discovered the Assault

 Claims filed under the New Jersey Child Victims Act (NJCVA). Victims can file up through age 55 or 7 years after discovering the assault occurred, whichever occurs later.
180 Days Claims under the Pennsylvania Human Relations Commission.
300 Days Claims under the Philadelphia Commission of Human Relations
Age 55

or

Age 30

 Claims filed under the Pennsylvania Child Victims Act by former child sex abuse victims under age 18 can get filed through the victim’s 55th birthday. Young adult victims of sex abuse aged 18 to 23 can file claims up through age 30.
1 Year Claims under the Florida Commission of Human Relations.
No Statute of Limitations Victims of Child Sexual Abuse in Florida can file a claim against their abuser at any time. Florida eliminated the statute of limitations for any incidents that occurred after 2010. The law is not retroactive to cases occurring before 2010.
3 Years Claims under the Department of Fair Employment and Housing in California for incidents occurring after January 1, 2019
10 Years from the date of the Incident

or

3 Years from the Date You Discovered the Assault

 Claims under California sexual assault cases can be file directly with the court.
Age 40

or

5 Years from the Date You Discovered the Assault

 Claims filed under the California Child Victims Act can be filed until a victim reaches age 40 or 5 years after discovering the assault, whichever is later. Furthermore, until January 2023, victims who were previously unable to file can file their claims regardless of age.
Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced Sexual Harassment Lawyers Today!

Anyone in the legal field can find the statute of limitations between federal and state governments difficult to navigate. Therefore, it makes sense that most people in any other field would find it almost impossible. Therefore, you need the compassionate and experienced sexual harassment attorneys at the Derek Smith Law Group. We help victims of sexual harassment sort through the legalese to navigate the justice system.

Our team of sexual harassment lawyers and former sex-crimes prosecutors will help you file your claim in a timely manner to get the justice you deserve. Were You Sexually Harassed at Work? Do You Need to Know How Much Time You Have to File Your Lawsuit for Sexual Harassment? Please Contact Us at 800.807.2209 or Email derek@dereksmithlaw.com to Learn More About Your Rights.

Our Attorneys

Derek Smith Best Rated Sexual Harassment & Discrimination Lawyer

Derek Smith

Managing Partner
View Full Profile

Caroline H. Miller

Partner
View Full Profile

Christopher J. DelGaizo

Attorney
View Full Profile
Attorney Zachary Holzberg

Zack Holzberg

Managing Partner
View Full Profile

Serving Major Cities Across the United States

Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.

New York City
New Jersey
Philadelphia
Miami
Los Angeles
San Francisco
San Diego
Washington DC

Related Blogs

Stop Sexual Harassment at Workplace

Take action against harassment now. We’ll stand by your side every step of the way.

search Free Consultation 800 807 2209

We provide other Practice Areas like

Retaliation
Wrongful Termination
Wage and Hour Law
Family and Medical Leave
Whistleblower
Child Sexual Abuse
Employment Contract
Rape and Sexual Assault
Close