The Statute of Limitations on Sexual Harassment Claim

The Statute of Limitations on Sexual Harassment ClaimThe Statute of Limitations on Sexual Harassment ClaimA statute of limitations is the amount of time you have to take legal action (i.e., to file a complaint or lawsuit) against someone else. The legal clock usually begins ticking on the first day of the first incident of sexual harassment, but in some states, the statute of limitations may begin on the last incident. How Long You Have to File a Sexual Harassment Lawsuit The amount of time you have to file a complaint or lawsuit depends on three things If you work for a government agencyIf you do leid work for the federal government, and you want to file a complaint with the Equal Employment Opportunity CommissionIf you plan to file a civil lawsuit, your individual states laws. In most states, sexual harassment claims are considered tort claims, and subject to the same statute of limitations as personal injury law (i.e., accidents.) If you work for the federal government you mus t first file an administrative complaint before you can file a civil lawsuit. If you work for a public or private company (basically anyone but a government agency) you do not have to file a complaint with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit. However, if you opt to have the EEOC handling your complaint the statute of limitations is much shorter than most state laws allow for filing a civil lawsuit. New Jersey sexual harassment attorney, Leonard Hill, recommends that you always file a formal complaint with your employer before attempting to file a lawsuit. An employer cannot be held liable for sexual harassment or discrimination if they did not know about it. Filing a formal report serves as proof that they did.