STATUTE OF LIMITATIONS & ADMINISTRATIVE PROCESS
 
 
 
 
   
 
A sexual harassment victim must file an administrative complaint with the California Department of Fair Employment and Housing (DFEH) within ONE YEAR from the date of the last incident of sexual harassment.
However, there a few situations that allow for an extension of this one year time limit. The one year time limit may be extended up to 90 days if the alleged victim first obtained knowledge of the facts of the harassment after expiration of the one year period from the date of the occurrence. The time limit may also be extended by up to one year after you find out you were wrong about the identity of your employer, in order to allow you to substitute the identification of your actual employer. Additionally, if a minor suffered from sexual harassment, the time limit may be extended for up to one year from the date that the victim attains the age of majority. Footnote 1: Cal. Gov. Code § 12960 (d).
If you have a claim under California Civil Code §51.7, the Freedom From Violence statute, then the statute of limitations may be extended up to one year after you discover the identity of your perpetrator, so long as it is still within three years of the event, and so long as you are unaware of the identity of any person liable for the violation during that period. Footnote 1: Cal. Gov. Code § 12960 (d).
After filing a complaint with the California DFEH, in order to protect a victim's right to sue in Federal Court, the victim has 300 days from the date of the last incident of harassment, or 30 days after receiving a notice of case closure from the DFEH, whichever is earlier, to file a charge of discrimination with the EEOC. Footnote 2: Title VII of the Federal Civil Rights Act of 1964, 42 U.S.C. § 2000e-5 (e) (1).
However, a victim of sexual harassment in California has only 180 days from the date of the last incident of harassment to file a charge of discrimination with the EEOC to protect their Federal right to sue if they do not file a complaint with the California DFEH. Footnote 2: Title VII of the Federal Civil Rights Act of 1964, 42 U.S.C. § 2000e-5 (e) (1).
After a claimant files an administrative complaint with the DFEH and/or the EEOC, and after the claimant gets a right to sue letter, then the claimant must file a private civil lawsuit within the time specified in the right to sue letter, which is within one year of the date of a right to sue letter from the DFEH, or within 90 days of the date of a right to sue letter from the EEOC.
If an administrative claim to the DFEH or the EEOC is not filed within the time period provided by the applicable statute of limitations, then the case is subject to being forever barred by the courts. If a sexual harassment victim does not file an administrative complaint within the required amount of time, then that victim will not be able to move forward with a lawsuit.
Timing can be crucial when filing a sexual harassment lawsuit. It is important that victims of sexual harassment know that there is a time period or statute of limitations in which they must file a complaint with the DFEH or the EEOC. A common mistake of sexual harassment victims is to wait too long to contact an attorney. This can result in a missed opportunity to file a complaint and a lawsuit. Also, you can filing for divorce.
Footnotes:
1. Cal. Gov. Code § 12960 (d)
No complaint may be filed after the expiration of one year from the date upon which the alleged unlawful practice or refusal to cooperate occurred, except that this period may be extended as follows:
(1) For a period of time not to exceed 90 days following the expiration of that year, if a person allegedly aggrieved by an unlawful practice first obtained knowledge of the facts of the alleged unlawful practice after the expiration of one year from the date of their occurrence.
(2) For a period of time not to exceed one year following a rebutted presumption of the identity of the person's employer under Section 12928, in order to allow a person allegedly aggrieved by an unlawful practice to make a substitute identification of the actual employer.
(3) For a period of time, not to exceed one year from the date the person aggrieved by an alleged violation of Section 51.7 of the Civil Code becomes aware of the identity of a person liable for the alleged violation, but in no case exceeding three years from the date of the alleged violation if during that period the aggrieved person is unaware of the identity of any person liable for the alleged violation.
(4) For a period of time not to exceed one year from the date that a person allegedly aggrieved by an unlawful practice attains the age of majority.
2. Title VII of the Federal Civil Rights Act of 1964, 42 U.S.C. § 2000e-5 (e) (1)
A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter, except that in a case of an unlawful employment practice with respect to which the person aggrieved has initially instituted proceedings with a State or local agency with authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, such charge shall be filed by or on behalf of the person aggrieved within three hundred days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local law, whichever is earlier, and a copy of such change shall be filed by the Commission with the State or local agency.
 
 
   
 
 
© 2008 Broderick Law Firm, Inc.
Sexual Harassment Lawyer | Links | Contact Us | Site Map  
   
  Designed by: