Understanding Deadlines and Statutes of Limitations for Workplace Harassment Cases
The answer depends on several factors, including the laws that apply in your state, the type of claim you’re filing, and whether your case falls under federal or state jurisdiction.
In this guide, we break down the statutes of limitations, the claims process, and how to protect your rights before time runs out.
Federal Deadline: 180 to 300 Days to File with the EEOC
If you’re filing a sexual harassment claim under Title VII of the Civil Rights Act of 1964, you must first file a charge with the Equal Employment Opportunity Commission (EEOC).
- Standard deadline: 180 days from the date of the harassment.
- Extended deadline: 300 days if your state has its own agency that enforces anti-discrimination laws (in California this is known as the Civil Rights Department).
Most states, including California, New York, and Illinois, qualify for the extended 300-day deadline.
? Important: Filing a report internally with your employer does not stop the clock on these deadlines. The EEOC filing must be made within the legal timeframe to preserve your federal rights.
State Deadlines Vary: Some Offer More Time
In addition to federal protections, many states have their own laws—and often more generous filing windows. For example:
- California: 3 years to file a complaint with the Department of Fair Employment and Housing (DFEH), now known as the Civil Rights Department (CRD).
- New York: 3 years under the New York State Human Rights Law.
- Massachusetts: 300 days to file with the Massachusetts Commission Against Discrimination (MCAD).
- Texas: 180 days to file with the Texas Workforce Commission (TWC).
Each state sets its own timeline and may have specific procedures for filing a claim. That’s why it’s crucial to speak with an experienced sexual harassment attorney in your jurisdiction.
Deadlines to File a Lawsuit After Filing a Complaint
Filing a charge with the EEOC or state agency is typically the first step—not the last.
Once your administrative charge is processed:
- The EEOC or state agency may investigate or attempt mediation.
- Eventually, they will issue a “Right to Sue” letter.
If you filed with the EEOC, you then have 90 days from the date you receive this letter to file a lawsuit in court. If you filed with the California CRD, you will have one year from the date you received the letter to file a lawsuit in court.
Missing this deadline can bar you from pursuing your claim—even if the harassment was clear and well-documented.
Why You Should Act Quickly
Delaying action can weaken your case. Over time:
- Evidence may disappear (emails, messages, or documentation).
- Witness memories fade.
- Filing deadlines can expire without warning.
Early legal guidance can help ensure all necessary deadlines are met—and that your case is built on a strong foundation.
Lawless, Lawless & McGrath: Decades of Experience in Sexual Harassment Claims
For over 50 years, Lawless, Lawless & McGrath has helped workers navigate complex harassment and discrimination cases. We understand how difficult it is to come forward, and we’re here to protect your rights every step of the way.
Our team helps with:
- Timely EEOC and state agency filings
- Preserving evidence and building your case
- Pursuing compensation for emotional distress, lost wages, and more
- Protecting you from retaliation at work
Don’t Wait Until It’s Too Late
If you’re wondering “How long do I have to file a sexual harassment claim?”—don’t leave your future to chance. Contact Lawless, Lawless & McGrath today for a free, confidential consultation. We’ll help you understand your rights, meet critical deadlines, and take action with confidence.
About Us
Lawless, Lawless & McGrath is a premier employment law firm representing workers in sexual harassment, retaliation, and wrongful termination claims. Based in San Francisco, our attorneys are known for their skilled litigation and compassionate advocacy.