Is There a Time Limit for Filing a Sexual Harassment Claim?

janovsky Sexual Harassment 0 Comments

sexual harassment time limit
January 31, 2018

Sexual harassment is in the spotlight right now, as countless women across the nation are coming forward with their stories of abuse and discrimination. Sexual harassment in the workplace has been a serious problem for as long as we can remember. It can happen to anyone, anytime. However, the U.S. Equal Opportunity Employment Commission (EEOC) states that 83.7 percent of all sexual harassment charges are filed by women. If you have been the victim of sexual harassment in the workplace, there’s a good chance you feel uncomfortable, confused, and emotionally defeated. While you may be tempted to try and move on without bringing the incident to the attention of your supervisor, it is vital that you take action.

Today, millions of men and women all over the world are standing up in support of sexual harassment victims. From the #MeToo campaign to the countless marches and brave women who are coming forward with their tales of abuse and harassment, the tides are changing. If you believe you are a victim of sexual harassment or intimidation, it is important you understand your rights. One of the most frequent questions we are asked is whether there is a time limit for filing a sexual harassment claim. Unfortunately, it’s not as straightforward an answer as “yes” or “no”. The laws vary from state to state, so it’s important to discuss any concerns with a qualified Frisco sexual harassment lawyer.

Is There a Deadline to File a Lawsuit? 

When it comes to moving forward with a sexual harassment claim, the first thing to keep in mind is that not all states abide by the same rules. With that in mind, the first thing you should do following the offensive conduct is follow your employer’s procedure for reporting sexual harassment. These types of cases are extremely sensitive, and it is therefore important you have crossed all your T’s and dotted all your I’s, in a sense. Any missteps or failure to follow company policy could result in the case getting thrown out.

The amount of time you have to file a sexual harassment lawsuit will depend on the following factors:

  • Do you work for a government agency?
  • Do you want to file a complaint with the EEOC?
    • If the EEOC handles your complaint, the statute of limitations is a lot shorter
  • Do you plan to file a civil lawsuit?
    • You will have more time to move forward with a complaint if you file a civil lawsuit

Most states consider sexual harassment lawsuits “tort” claims, which means they are subject to the same statute of limitations as other personal injury lawsuits. Most states require sexual harassment claims to be filed within 300 days or even one year from the incident. To learn more about your rights and the steps to take following a sexual harassment incident, please contact Janovksy & Associates today. Attorney Janovsky will work with you to ensure you meet the requirements for filing a case and is happy to answer any questions you may have.

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