Even though there are laws protecting employees from sexual harassment in the workplace, it can be difficult to file a complaint. By the time the victim decides that they actually want to take a legal step, they may have already lost their right to file a case. This is because there are deadlines or statutes of limitations at the federal and state levels.
Understanding your rights based on which state and city you live in is important. If you do not understand the timeline laws, you may lose your opportunity to make your case heard. Read this blog to learn more about the laws, and visit this page to hire an employment law attorney.
What are the Federal Statute of Limitations for a workplace sexual harassment case?
Sexual harassment is a part of Title VII of the Civil Rights Act and is a form of sex and gender discrimination. All sexual harassment and discrimination cases are handled by the Equal Employment Opportunity Commission (EEOC). You have a limit of 180 days for filing the complaint. Some states have an extension of 300 days as well, so make sure to check that with your attorney.
The EEOC first investigates your case and then provides you with written permission to sue in court with a “Right to Sue” notice. Once the EEOC confirms through their investigation that you have a legitimate claim, they will issue the notice.
After you receive the “Right to Sue” notice, you have only 90 days to file a lawsuit in court.
What is the state’s statute of limitations for a workplace sexual harassment case?
In New Jersey, you do not have to worry about running out of time. This is because you have a period of two whole years to file a claim in the state court from the date of the accident. Therefore, even if you miss the federal deadline, you still have time. Do not worry, and keep working with your attorney to get justice.
Employer’s obligations after receiving the complaint.
Now that you know what your legal options and rights are and how much time you will have on your hands to file a claim, it is important to understand your employer’s obligations.
- The employer must enforce written anti-discrimination and anti-harassment policies in the workplace. These should also include the consequences for the perpetrator and benefits for the victim.
- Employers with more than 50 employees are required to provide anti-discrimination training and conduct knowledgeable workshops in the workplace.
- Employers must make sure that every complaint received is thoroughly investigated until a conclusion is reached.
- Employers must not retaliate against employees for making the complaint.
