How Long Do You Have to File a Sexual Harassment Claim in California?
Deadlines in sexual harassment cases are among the most consequential legal issues an employee will face, and among the most frequently misunderstood. A claim that is otherwise strong and well-documented can be lost entirely if a filing deadline is missed. California’s deadlines have changed in recent years, and knowing the current rules matters.
The Primary Deadline: Three Years Under FEHA
California’s Fair Employment and Housing Act gives employees three years from the date of the last act of harassment to file a complaint with the California Civil Rights Department. This deadline was extended from one year to three years by SB 1300, which took effect January 1, 2019. The extension was significant; it more than doubled the time employees have to decide whether and how to act.
The three-year period runs from the date of the last unlawful act. For ongoing harassment, that means the clock typically runs from the most recent incident, not the first one. This matters for claims involving a pattern of conduct over an extended period.
The Continuing Violations Doctrine
Under the continuing violations doctrine, a series of related harassing acts can be treated as a single, continuing violation for limitations purposes. This means that conduct outside the three-year window may still be recoverable if it is sufficiently related to acts within the window. The doctrine requires that the conduct be part of a connected series, not isolated incidents separated by long gaps. It’s a fact-intensive analysis that benefits from early legal review.
The Federal Deadline: 300 Days
California is a work-sharing state, which means employees can file complaints with either the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC), and the agencies coordinate. For federal Title VII claims, the deadline to file with the EEOC is 300 days from the last act of harassment.
Most California employment attorneys file with the CRD first, which simultaneously preserves the federal claim through the work-sharing agreement. But the shorter 300-day federal deadline is a practical reason to consult an attorney without delay. If federal claims are part of your strategy, that clock is running independently.
After Filing: The Right-to-Sue Letter
Filing a complaint with the CRD is a prerequisite to filing a civil lawsuit under FEHA. Once a complaint is filed, you can either allow the CRD to investigate or request an immediate right-to-sue notice. Most employment attorneys recommend requesting the right-to-sue notice promptly rather than waiting for a CRD investigation, which can take a year or more with no guaranteed outcome.
Once the CRD issues a right-to-sue notice, you have one year to file a civil lawsuit in California superior court. That one-year period is firm. Missing it forfeits your right to sue, regardless of the merits of your case.
Tolling Provisions
California law provides for tolling, temporary suspension of the limitations period, in limited circumstances. The period is tolled while a CRD complaint is pending investigation. Tolling may also apply in cases involving fraud or concealment by the employer, or legal incapacity of the claimant. These provisions are narrow and should not be relied upon as a substitute for timely action.
Why Waiting Is Risky Even Within the Deadline
Even for cases where the statutory deadline hasn’t passed, delay creates practical problems. Witnesses’ memories fade. Colleagues move on and become harder to locate. Electronic records get archived, overwritten, or deleted in the normal course of business. Text messages and emails that document the harassment may no longer exist.
An employer facing imminent litigation has an obligation to preserve relevant evidence once litigation is reasonably anticipated. A lawyer’s involvement triggers that obligation earlier. This is a practical reason, independent of the legal deadlines, to consult an attorney as soon as possible after harassment occurs.
Key Deadlines at a Glance
- 3 years from the last act of harassment to file with the CRD (FEHA claim)
- 300 days from the last act to file with the EEOC (federal Title VII claim)
- 1 year from the right-to-sue notice to file a civil lawsuit in court
If you’re unsure which deadlines apply to your situation or how much time remains, the safest step is to consult a sexual harassment attorney now. Employee Rights Attorney Group offers confidential consultations. Call (310) 300-3435.
