Deadlines drive sexual harassment cases in California. Miss the filing window by a week and even a strong claim can evaporate. Hit the deadline and you preserve leverage for settlement and the right to take your employer to court. The challenge is that California’s timelines changed in recent years, and different pathways have different clocks. If you work through the Civil Rights Department, one timeline applies. If you file with the EEOC, another. If the harassment also qualifies as assault or involves unpaid wages, there may be additional deadlines to track.
This guide untangles the statute of limitations for sexual harassment claims in California, explains exceptions, and offers practical timing advice drawn from what actually happens in these cases. It also covers what is considered sexual harassment in California, employer responsibility, and the complaint process so you can match the right deadline to your situation.
The backbone: FEHA sets the main timeline
Nearly all California workplace sexual harassment laws flow from the Fair Employment and Housing Act, often shortened to FEHA. Under FEHA, it is unlawful to harass an employee, applicant, intern, volunteer, or contractor because of sex, gender, gender identity, gender expression, sexual orientation, pregnancy, childbirth, or related medical conditions. FEHA sexual harassment includes unwelcome sexual advances, verbal sexual harassment, physical sexual harassment, quid pro quo harassment, and hostile work environment harassment.
FEHA is enforced by the California Civil Rights Department, known as the CRD. For most claims of sexual harassment at work in California, the first deadline is the administrative filing deadline with the CRD. You must meet this to preserve your right to later file a lawsuit in court.
Here is the core rule: for harassment that occurred on or after January 1, 2020, you generally have three years from the last act of harassment to file a verified complaint with the CRD. For harassment before that date, a shorter one‑year filing period likely applies, subject to tolling and transition rules. If you are unsure where your case falls, get a quick legal evaluation, because the cutover dates and tolling rules can be nuanced.
Once you file with the CRD within the three‑year window, you either allow the CRD to investigate and possibly pursue the case, or you request an immediate Right‑to‑Sue notice. If you request the Right‑to‑Sue, you typically have one year from the date of that letter to file a sexual harassment lawsuit in California superior court. If you allow the agency to investigate, different internal deadlines apply, but the Right‑to‑Sue will still set your litigation window when issued.
Why this structure? California wants claims routed through the administrative process first. This approach aims to resolve disputes efficiently, encourage early settlement, and give employers notice. It also creates a clear record and mandates that employers cooperate with the sexual harassment investigation in California.
What is considered sexual harassment in California?
The legal definition matters because it frames when the clock starts and whether incidents are part of a continuing violation.
California sexual harassment definition under FEHA includes two primary categories:
- Quid pro quo harassment: employment benefits or opportunities are conditioned on submission to sexual conduct, or adverse actions are taken because someone refuses. An example: a supervisor suggests that a raise or shift change depends on going on a date. Even a single incident can be actionable. Hostile work environment harassment: unwelcome sexual conduct that is severe or pervasive enough to create an abusive work environment. This can include unwanted advances at work in California, sexual comments, sexualized jokes, explicit messages, physical touching, or displays of pornographic material. The law no longer requires that harassment be both severe and pervasive. A single severe incident can be enough if it unreasonably interferes with work. California courts look at the totality of the circumstances, including frequency, severity, physical threat or humiliation, and impact on work performance.
Remember, the harasser can be a supervisor, a coworker, or a third party such as a client or vendor. Supervisor sexual harassment in California creates a strong basis for employer liability. Coworker sexual harassment and third party sexual harassment can also trigger employer liability if the employer knew or should have known about the harassment and failed to take immediate and appropriate corrective action.
The three‑year CRD filing deadline, in practice
Three years sounds generous until you factor in real life. Many employees wait to see if behavior stops, or they are worried about retaliation. Sometimes they try to resolve it internally or look for a new job. Meanwhile, memories fade and texts get deleted. Best practice is to consult a California sexual harassment attorney as soon as you suspect the behavior is unlawful. You can protect your position without necessarily going public inside the company, and an early assessment helps you understand the sexual harassment complaint process in California and the filing deadline that applies.
The three‑year period generally runs from the date of the last harassing act. In a hostile work environment claim, if harassing acts form a pattern, the continuing violations doctrine can allow earlier acts to be considered as part of the same claim, so long as at least one related act occurred within the three‑year window. In contrast, a single quid pro quo demand or a discrete retaliatory termination usually starts the clock on the date it happened.
If you miss the CRD deadline, you can lose your FEHA claim. There are exceptions for delayed discovery in some situations and tolling if you were a minor, but they are narrow. When in doubt, file early.
EEOC versus CRD: why dual filing can matter
Some California harassment cases are also covered by federal law through Title VII, enforced by the Equal Employment Opportunity Commission. The EEOC deadline is generally 300 days from the last unlawful act in California, because the state has its own agency. That is shorter than the CRD’s three years. If you want to preserve both state and federal claims, you should request dual filing. The CRD and EEOC share work through a worksharing agreement, so a timely charge with one agency can be cross‑filed with the other.
In practice, most California sexual harassment claims proceed under FEHA due to broader remedies and more plaintiff‑friendly standards. Still, federal claims can be useful, especially for public sector employees or https://devinipkx498.theburnward.com/how-to-report-sexual-harassment-in-california-hr-crd-and-eeoc-options in cases headed to federal court. Ask your sexual harassment lawyer in California about whether to dual file.
When does the one‑year court filing clock start?
If you request an immediate Right‑to‑Sue letter from the CRD, you generally have one year from that letter to file in court. If you allow the CRD to investigate and later receive a Right‑to‑Sue, the same one‑year window applies from the date of the notice. Lawyers track this date aggressively. Courts strictly enforce it, and extensions are rare.
A common pitfall: employees assume that filing an internal complaint with HR stops the legal clock. It doesn’t. Internal reporting is crucial for employer liability and to stop the conduct, but it does not toll the CRD or EEOC deadlines. Reporting sexual harassment in California can help your case, but you still need to protect your FEHA timelines.
Retaliation and constructive dismissal: separate acts, separate clocks
California workplace harassment laws prohibit retaliation for reporting, opposing, or participating in an investigation of sexual harassment. If you suffer retaliation, such as a demotion, shift cut, exclusion from key meetings, or wrongful termination connected to your complaint, that is a separate violation with its own timeline. The CRD three‑year deadline applies to retaliation claims as well, running from the retaliatory act. Constructive dismissal can occur when the workplace becomes so hostile that a reasonable person would feel compelled to resign. The date of resignation may control the clock for that claim.
The strategic goal is to capture both the underlying sexual harassment and any retaliation in a single administrative complaint if they are connected, but if retaliation comes later, you can amend or file an additional complaint. Lawyers watch these timing sequences closely to avoid gaps.
Special timing issues: assault, battery, and violence
If the harassment involved physical assault or sexual battery, additional claims may exist outside FEHA, with different statutes of limitations. California has extended some statutes for sexual assault and related claims and created revival windows in certain years. These rules are specific and evolving. Some assault claims carry a two‑year personal injury statute, others longer depending on the circumstances and age of the victim. If a supervisor or coworker touched you without consent, pushed, groped, or trapped you, ask counsel to evaluate civil tort claims alongside your FEHA case. Coordinating timelines ensures no claim is left on the table.
Independent contractors and small employers
FEHA sexual harassment coverage is broader than many realize. California workplace harassment laws cover employees, applicants, unpaid interns, volunteers, and independent contractors. That means independent contractor sexual harassment in California is actionable under FEHA, even if the contracting entity has only one worker. Unlike discrimination claims under FEHA, which generally require five or more employees, harassment claims can be brought against any employer regardless of size. This matters for gig workers, small startups, and creative industries where contractors are common and power dynamics can be skewed.
The filing deadline for contractors is the same three‑year CRD window followed by the one‑year Right‑to‑Sue period.
Employer liability for sexual harassment in California
California holds employers strictly liable for sexual harassment by supervisors. If your direct manager or someone with authority over you harasses you, the employer is responsible, period. For coworker harassment and third party harassment, the employer is liable if it knew or should have known about the harassment and failed to take immediate and appropriate corrective steps. That is why reporting channels matter. If the employer has a clear California sexual harassment policy that encourages reporting and the company acts promptly, it may reduce exposure, but it does not absolve past harm or ongoing liability if the response is inadequate.
Employers have legal duties under California workplace harassment laws to take reasonable steps to prevent harassment: adopt and distribute a compliant policy, provide workplace postings, investigate complaints promptly and thoroughly, and take remedial action. California sexual harassment training requirements apply statewide. AB 1825 required training for supervisors at larger employers; SB 1343 expanded training to require at least two hours for supervisors and one hour for nonsupervisory employees in many workplaces, to be repeated every two years. Failure to train is not a standalone claim for damages, but it can be used as evidence that an employer neglected its responsibilities.
What counts as evidence, and why timing affects proof
Evidence in sexual harassment cases often lives in pockets: text threads, Slack messages, emails, calendar invites, access logs, badge swipes, security footage, or witness recollections. Early preservation improves odds. If your phone automatically deletes messages after 30 days, change that setting. Save screenshots, including the sender’s name and timestamps. Keep a contemporaneous journal describing what happened, who was present, and how it affected your work. A short entry the day it happened can be persuasive months later.
Witnesses fade. Managers move on. Servers overwrite logs. The statute is not the only clock ticking. Early legal advice helps you send preservation notices so the employer keeps relevant data. The sexual harassment investigation in California must be impartial and timely. An employer’s failure to preserve evidence after notice can support an inference that the evidence would have been unfavorable.
The complaint process, step by step
Below is a compact, practical roadmap for how to file a sexual harassment complaint in California and keep the timeline intact.
- Decide the venue: CRD, EEOC, or dual file. In California, start with the CRD to preserve FEHA rights, and consider dual filing with the EEOC if federal claims may help. File on time: submit a verified complaint to the CRD within three years of the last unlawful act. Provide details, supporting documents, and witness names where possible. Right‑to‑Sue strategy: either request an immediate Right‑to‑Sue to proceed to court, or allow the CRD to investigate, mediate, and possibly prosecute the case. Court filing: once you have the Right‑to‑Sue letter, calendar the one‑year deadline to file your lawsuit in superior court. Do not let settlement talks drift past that date. Preserve evidence and mitigate: keep records, follow reasonable employer directives, and seek medical or therapeutic support if needed. This protects damages and credibility.
Mediation, arbitration, and the pace of a case
Many sexual harassment claims in California go to mediation early. The CRD offers free mediation services in many cases. Private mediation is common after a Right‑to‑Sue. Mediation can occur within a few months of filing and can resolve the matter confidentially. The downside is that some employers use mediation to fish for information or to stall. If you mediate, know your bottom line and your court filing deadline.
Arbitration agreements are another factor. California has tried to limit forced arbitration in employment cases, but federal law preempts some restrictions. Whether your sexual harassment claim must go to arbitration depends on the agreement language and recent appellate decisions. Arbitration can be faster and more private, but discovery can be narrower, and there is limited appeal if the arbitrator gets it wrong. If your case involves a PAGA claim or non‑signatory parties, arbitration may not apply. A sexual harassment lawyer in California will evaluate these issues early so your strategy aligns with likely forums.
Remedies and damages: what’s at stake
Sexual harassment damages in California are designed to make you whole and deter misconduct. Typical categories include back pay, front pay, emotional distress damages, and in appropriate cases punitive damages. Emotional distress awards can range widely, from tens of thousands into the high six or seven figures when the conduct is egregious and the impact severe. California sexual harassment settlements vary based on employer size, insurance coverage, strength of evidence, and whether a supervisor was involved. Attorneys’ fees are available to prevailing plaintiffs, which increases settlement leverage.
In addition to money, non‑monetary terms matter: a neutral reference, policy changes, training commitments, or separation terms that protect your career. For some, these are as important as the check.
Internal reporting: do you have to report to HR first?
You are not legally required to complain internally to preserve a FEHA claim, but it is often prudent. Employer responsibility for sexual harassment in California depends in part on whether the company had notice and an opportunity to act. Many jurors expect to see some attempt to report unless there is a good reason not to, such as fear of the harasser who controls scheduling or retaliation that already occurred. If you report, do so in writing. If you are unionized, consider involving your representative. Keep copies. If you are medically impacted, consider asking HR for leave or accommodations.
Internal policies should comply with California sexual harassment policy requirements and outline the sexual harassment complaint process in California, including multiple reporting paths if the harasser is a supervisor. If the employer fails to respond promptly or conducts a biased investigation, that strengthens your case.
Nuances for public employees, schools, and healthcare
Public sector employees face overlapping regimes: FEHA, internal civil service rules, possible Government Claims Act requirements, and in education, Title IX. Some public entities require a government claim within six months for certain non‑FEHA theories, though FEHA’s administrative route still applies for the harassment claim. If you work for a city, county, state agency, school district, or public hospital, the timing can be more complex. Do not assume the three‑year CRD filing window is the only deadline.
Healthcare and hospitality settings also see more third party harassment from patients or guests. Employers still must act. If your job makes physical isolation common, request reasonable measures such as buddy systems, additional security, or the ability to refuse service to abusive patrons. An employer’s failure to implement protective steps after notice can bolster liability.
Wrongful termination and related claims
If you were fired after resisting harassment or after reporting it, you may have a wrongful termination sexual harassment California claim in addition to FEHA retaliation. Wrongful termination in violation of public policy uses a two‑year statute of limitations, measured from termination. It can run alongside FEHA claims. Defamation, intentional infliction of emotional distress, and Labor Code claims for unpaid wages or waiting time penalties can also appear in the same lawsuit, each with its own deadline. Coordinating these dates prevents surprises.
Training requirements and why they matter to your case
California AB 1825 and SB 1343 harassment training laws require employers of a certain size to provide sexual harassment training in California: typically two hours for supervisors and one hour for nonsupervisory employees every two years, plus training for new hires and promotions within six months. Remote workers count. While the absence of training is not a standalone damages claim, it can be potent evidence. A jury that hears no one was trained for years may be more open to awarding punitive damages, especially if leadership ignored complaints.
How a case timeline often looks
Timelines vary, but a common California sexual harassment case timeline might unfold as follows. The employee experiences unwanted touching and explicit messages from a supervisor over months, reports to HR, and HR delays. The employee consults counsel two weeks later. Within three months, a CRD complaint is filed. Dual filing with the EEOC is requested as a precaution. The CRD offers mediation after initial intake. If the parties are far apart, the employee requests a Right‑to‑Sue after six to eight months and files in superior court within three months of receiving the letter. Discovery lasts nine to twelve months, during which key texts are produced, and two corroborating witnesses are deposed. The case settles on the eve of trial for back pay, emotional distress, and a policy revamp. From first incident to resolution, two to three years pass. The single biggest mistake avoided: missing the early CRD deadline.
Practical mistakes that derail good claims
A few missteps repeatedly show up in failed cases. First, waiting past the CRD deadline because internal talks seemed promising. Second, deleting texts or replacing phones without backup. Third, refusing reasonable interim measures offered by the employer, such as schedule changes, without explaining why they are inadequate. Fourth, resigning abruptly without documenting the reasons, which complicates constructive discharge claims. Fifth, not telling counsel about an arbitration agreement until the eve of filing.
On the employer side, common errors include not separating the accused during the sexual harassment investigation, interviewing witnesses in groups, coaching managers before interviews, or announcing discipline in a way that exposes the complainant. Under California workplace harassment laws, these missteps increase risk and weaken defenses.
A brief word on confidentiality and NDAs
California limits non‑disclosure clauses in settlements of sexual harassment claims. Parties cannot require you to stay silent about the factual basis of sexual harassment or discrimination claims, although dollar amounts can be kept confidential. Employers that propose broad gag clauses risk having them invalidated. This legislative policy aims to deter serial harassers and protect the public.
The bottom line on deadlines
For sexual harassment California claims under FEHA, the central timing rules are straightforward once you pin them down. You have up to three years from the last act to file with the CRD. If you obtain a Right‑to‑Sue, you generally have one year from that notice to file your lawsuit. Federal EEOC deadlines are shorter, usually 300 days, but dual filing can preserve both. Additional claims like assault, wrongful termination, or defamation bring their own statutes that can be shorter or longer.
The earlier you act, the more options you keep. A quick consult with a California sexual harassment attorney can confirm your specific filing deadline, help you capture evidence, decide whether to report internally, and map a path through mediation, arbitration, or court. Deadlines are the law’s way of forcing urgency. Meet them, and you control the pace of your case rather than the other way around.