Workplace harassment occurs in situations where the social environment of the workplace becomes intolerable because the harassment, whether verbal, physical, or visual, communicates an offensive message to the harassed employee. Harassment is prohibited under both California and federal law. It is essential to understand the deadlines for bringing a sexual harassment case, so you do not miss your opportunity. This article explains what qualifies as workplace harassment and how long you can wait to sue for workplace harassment under both California and federal law.
What Qualifies as Workplace Harassment
Harassment occurs in circumstances where the social environment of the workplace becomes insufferable because the harassment, whether verbal, physical, or visual, conveys an offensive message to the harassed employee. The California Fair Employment and Housing Act (FEHA) is a state law that prohibits discrimination and harassment in employment and housing based on protected characteristics. When trying to decide if a case counts as harassment under FEHA, the person filing the lawsuit must produce evidence that they were subjected to offensive comments or other abusive conduct that is (1) based on a protected characteristic such as sex, gender, race, age, disability, religion, sexual orientation, gender identity, etc. and (2) that is objectively so severe or widespread as to create a hostile or abusive working environment.
The Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964, a federal law that makes it unlawful for an employer to discriminate against an individual. In order to win a case under federal law, the individual who filed the lawsuit must demonstrate that (1) the individual is a member of a protected class; (2) the individual was qualified for their position; (3) the individual suffered an unfavorable employment action; and (4) similarly situated individuals outside the individual’s protected class were treated more favorably.
If somebody is rude, teases you, or mistreats you due to a personality conflict, without a connection to a protected characteristic, while it creates an intolerable work environment, it does not violate California or federal law. It is also important to understand that California law often provides broader protections than federal law.
Sexual harassment can take two forms: quid pro quo and hostile environment. These are the two major types of sexual harassment. Quid pro quo harassment is a form of sexual harassment where a supervisor or authority figure makes employment benefits, such as a promotion or raise, contingent upon an employee’s submission to unwelcome sexual advances or conduct. Quid pro quo directly translates to “this for that”. A hostile work environment occurs where the sexual conduct has the purpose or effect of unreasonably hindering an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Both forms of sexual harassment are prohibited by law.
By knowing employment state and federal rights, employees can better equip themselves by understanding what counts as sexual harassment in the workplace. While recognizing sexual harassment in the workplace is important, it is also vital to understand what to do next as an employee who has experienced sexual harassment. This includes the different legal steps that must be taken to have a successful case against employers who allow sexual harassment to occur.
Assembly Bill 9 and Understanding the Statute of Limitations
The statute of limitations is a legal concept that establishes the maximum amount of time within which a particular legal proceeding must be initiated. Essentially, it is a time limit, most often in civil cases, to file a lawsuit. If you were to miss the window in which you can file a lawsuit, it typically means you lose the right to pursue your case. This is why it is vital to understand the statute of limitations and how long one has to file a lawsuit.
Before Assembly Bill 9 (AB-9), victims of sexual harassment in California had only one year from the last act of harassing behavior to file a lawsuit. This short window often made it difficult for victims to process what had occurred and prepare for legal action. However, AB-9 has significantly improved this time frame by extending it to three years, allowing victims to have a better chance at seeking justice.
It is important to understand that there are generally two steps in employment cases. First, you must file an administrative complaint to either the California Civil Rights Department (CRD) for state cases or to the EEOC for federal cases within their respective allotted time frames. After filing your administrative complaint to either the CRD or EEOC, you will receive a “Right-to-Sue” notice. A “Right To Sue” notice from the EEOC is a legal document that gives an individual permission to file a discrimination lawsuit in federal court against their employer. Second, after receiving that notice, you must file a lawsuit within a certain time frame. Those time frames are outlined in this article below.
The Time Frame to File Under California Law (FEHA/ CRD)
It is important to know that the Fair Employment and Housing Act (FEHA) is enforced by the California Civil Rights Department (CRD). In order to file a lawsuit, you must first file a complaint with the CRD within three years of the date of the last harassing act. After you file a complaint, you receive a Right-to-Sue notice. Once you have received that notice, you have one year to file a lawsuit in civil court. It is important to note that employees can request an immediate Right-to-Sue letter without going through a full investigation.
The Time Frame to File Under Federal Law (EEOC/ Title VII)
The Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964. You generally must file an EEOC charge within 180 days of the last incident. Because California has a state agency (CRD) that enforces similar laws, this deadline extends to 300 days. After investigation or dismissal of the case, the EEOC will issue a Right-to-Sue letter. Once it is issued, you have 90 days to file a lawsuit in federal court. These dates and timeframes are important to know to ensure that an important case is taken to the full extent of the law, and not punished because it was filed late or incorrectly.
When the Clock Starts: The “Last Incident” Rule
Understanding when the clock starts running on your harassment claim is crucial, as filing deadlines are based on the timing of the unlawful conduct. The time limits for filing a lawsuit with either the EEOC or the California CRD are normally measured from the date the discriminatory conduct occurred. California also recognizes the continuing violation doctrine, meaning that if the sexual harassment is part of an ongoing pattern, the deadline may extend to the most recent incident.
Exceptions and Special Situations
There are, however, exceptions and special situations regarding the time frame to file your claims that are important to be aware of. If you are a federal employee or job applicant for a federal position, generally, you must contact the EEO Counselor within 45 days from the day the discrimination occurred. In California, there may be exceptions to the deadline if the employee did not learn of the harassment right away. Minors’ or incapacitated employees’ time limits may be extended as well.
Why It Is Important to Act Quickly
It is important to act quickly so that evidence stays fresh and witnesses stay available. Also, witnesses’ memories will fade over time, and their ability to recall important details will deteriorate. Acting promptly helps protect your rights and strengthen your claim. Filing early preserves both state and federal rights. An employment attorney can help determine which agency and process to use for your case to ensure the best results.
For the best results in an employment lawsuit, employees need to be able to recognize how long one have to file a lawsuit to give themselves the best chance of winning. In sexual harassment employment cases, employees have three years to the last date of harassment to file a lawsuit. However, knowing crucial timeframes, it is also important to recognize the steps one must take to file a case. This includes filing a case with the EEOC or California’s CRD. Ultimately, the best step an employee can take in these situations is to seek the guidance of an employment attorney.
It is important to understand that you do not navigate these deadlines by yourself and that you are not alone. If you have experienced harassment in the workplace, do not wait. Talk to an employment attorney right away to ensure you do not miss the deadline for filing a claim, and so you have a better chance to seek the justice you deserve. Contact Makarem & Associates today for a confidential consultation to understand your options and know your rights.
Author: Christy Guglielmo
