Across the country, sexual harassment in the workplace is illegal. California has some of the strongest laws in the country when it comes to protecting employees from unwanted sexual advances, but what is the California sexual harassment statute of limitations when it comes to reporting these wrongs?

Understanding the process of filing a sexual harassment claim can help the process seem less intimidating during an already stressful time. Explore how long you have to file, applicable laws, and how an experienced sexual harassment attorney can help.

California Sexual Harassment Laws

In California, all employees have the right to work in an environment free from discrimination, intimidation, and abuse. These laws are governed by the Fair Employment and Housing Act (FEHA). Sexual harassment can include many actions, such as:

• Unwelcome sexual advances
• Offensive remarks, jokes, or comments
• Inappropriate physical contact
• Displaying sexually explicit materials
• Quid pro quo harassment, where benefits are exchanged for sexual favors

Repeated behavior can create a hostile work environment. Both men and women can be victims or perpetrators. However, women more frequently report sexual harassment in the workplace. Overall, sexual harassment was the most reported form of discrimination in 2021.

California Sexual Harassment Statute of Limitations

The statute of limitations is the legal deadline for filing a claim. In sexual harassment cases, you could lose your chance of pursuing compensation if you miss the deadline.

The California Civil Rights Department (CRD) requires sexual harassment complaints to be filed within three years of the last act of harassment. You must file with the CRD before you can pursue a legal claim with the Superior Court of California – County of San Diego. Victims of workplace sexual harassment can file online or by calling 800-884-1684.

After you receive notice of your right to take legal action, you have one year from the date to file a civil claim. However, if you choose to pursue a claim at the federal level, the Equal Employment Opportunity Commission (EEOC) gives you only 300 days to file the harassment incident.

What Happens if You Miss the Deadline?

Missing the deadline can hurt your case or prevent it from moving forward. Both the EEOC and the CRD will likely dismiss your complaint. This also means losing your right to pursue damages for emotional distress, lost wages, or punitive damages.

The sooner you act, the stronger your chances of success. An experienced sexual harassment attorney can ensure you meet appropriate deadlines to protect your case and right to seek compensation and justice.

Penalties and Consequences for Sexual Harassment in California

California takes workplace sexual harassment cases very seriously. Under FEHA, both employers and individuals who violate these laws can face serious consequences. Some of the penalties for workplace sexual harassment include:

• Personal liability for harassers. The state allows both individuals and companies to be held liable for acts of sexual harassment. This can lead to the guilty party bearing direct personal financial responsibility.
• Employer liability. Employers can be held liable if they knew or should have known about the harassment but failed to act. This is especially true if a supervisor was responsible for the action.
• Employers and perpetrators may be ordered to pay:
  • Damages for emotional distress and lost income
  • Punitive damages for willful or malicious conduct
  • Reinstatement for wrongfully terminated employees
  • Police changes or training requirements

Why You Should Choose Jimenez Loayza, APC

Jimenez Loayza, APC, understands the weight of experiencing sexual harassment in the workplace. Our team focuses on discrimination and employment law, which includes sexual harassment cases. We have a deep understanding of California civil rights laws and how the court systems operate.

We treat every case with the dignity and respect it deserves. Our experienced sexual harassment attorneys can walk you through the process of holding negligent employers accountable. If necessary, we’re prepared to take your case to trial.

FAQs

How Long Do You Have to Report Harassment in California?

In California, the Fair Employment Housing Act gives three years from the last incident of harassment to file a complaint. If the complaint is first filed internally with your employer, the timeline still stands. When you receive a letter giving you the right to file a claim, you have one year to file a legal claim in civil court.

What Qualifies as Sexual Harassment in California?

Sexual harassment includes unwanted sexual advances, comments, jokes, or behavior that create a hostile work environment. It could also involve verbal remarks, inappropriate gestures, or digital communication. California law also recognizes quid pro quo harassment, where job benefits are offered or withheld for sexual favors. Even a single incident could qualify for a legal claim under the Fair Employment and Housing Act.

What Are the Steps in a Sexual Harassment Case?

A sexual harassment case begins with documenting the incident by recording dates and behaviors. Then, you’d report the incident to the HR department or your manager. Next, go to the U.S. Equal Employment Opportunity Commission or the California Civil Rights Department to file a complaint. The agencies investigate, mediate, or issue a letter giving you the right to file a legal claim. In that case, you can then go ahead and file for damages.

What Happens After You Report Sexual Harassment?

After reporting sexual harassment, your employer must promptly investigate the complaint and take corrective action. You’re protected from retaliation during the process. If the employer fails to act, you may file with the California Civil Rights Department. They can investigate, mediate, or issue permission to file a legal claim. Maintaining detailed records and seeking legal advice helps ensure your rights are protected.

Hire a Sexual Harassment Lawyer

If you’ve experienced sexual harassment in the workplace, don’t wait to take action. California law gives you powerful tools to hold wrongdoers responsible for their actions.

Our team can provide you with a better understanding of California’s sexual harassment statute of limitations and help you meet important deadlines. Contact us today to schedule a consultation and let us fight for your right to a safe and respectful workplace.