Workplace harassment can come in many forms, including lewd jokes or comments, unwanted sexual attention, and abusive managers.
If you’ve experienced workplace harassment and are considering taking action, you only have a set amount of time to file a claim after the incident. This deadline, known as the statute of limitations, varies under federal, state, and local laws.
A trusted employment law attorney can help you understand your options and make sure you file your claim within the required timeframe. Contact Joseph & Norinsberg online or call 212-227-5700 today for a free consultation.
What Is the Statute of Limitations for Workplace Harassment Under Federal Law?
Title VII of the Civil Rights Act of 1964 protects workers from harassment or discrimination based on protected characteristics, including sex, race, and religion. It’s important to note that federal Title VII protections only apply to companies with 15 or more employees.
Employees experiencing workplace harassment can file a claim with the Equal Employment Opportunity Commission within 180 days of the unlawful conduct. If a state or local agency also enforces a law prohibiting the same discriminatory behavior, that deadline can be extended to 300 days.
The deadline for filing with the EEOC won’t be delayed while trying to resolve a claim internally or through another procedure, so it may be best to make a claim concurrently with any other negotiations.
If the EEOC sides with the employee, it will either attempt to settle with the employer, refer the case for legal action, or issue a “Notice of Right to Sue” letter granting the employee permission to take the company to court. An employee can also request a right-to-sue letter before the EEOC finishes its investigation.
You cannot file a civil lawsuit based on federal law unless you first receive a right-to-sue letter from the EEOC.
What Is the Statute of Limitations for Workplace Harassment Under New York State Law?
As of February 2020, the New York State Human Rights Law applies to employers of all sizes. Previously, protections only extended to businesses with four or more employees. The New York Division of Human Rights is in charge of handling discrimination and harassment claims.
In New York, most discrimination and harassment claims previously had a one-year statute of limitations, with sexual harassment claims in particular having a three-year deadline. However, as of February 2024, all discrimination and harassment claims in the state have a three-year statute of limitations.
What Is the Statute of Limitations for Workplace Harassment Under New York City Law?
Residents of any of New York City’s five boroughs have three years to file gender-based harassment claims based on state law with the NYC Commission on Human Rights, or NYCCHR, and one year to file other discrimination claims. However, you might still be eligible to file a discrimination complaint with the state Division of Human Rights if you miss the one-year deadline with the NYCCHR.
Notably, unlike federal law, you do not have to file complaints alleging violations of state or city law with the New York DHR or the NYCCHR before filing a lawsuit.
Can I File a Claim With Both State and Federal Agencies?
State and federal agencies, including the EEOC and New York DHR, typically have “worksharing” agreements that allow claimants to file with both entities concurrently. This arrangement saves time and energy that victims would otherwise spend going through the filing process at each relevant agency.
However, the NYCCHR states that anyone who has filed a discrimination complaint with a different agency can’t file a complaint with it for the same charge.
In addition, if you are pursuing a federal claim under Title VII at the state or city level, you must file that claim within 240 days of unlawful conduct.
What Happens After the Claim Is Filed?
After you file a workplace harassment complaint with a government agency, your employer should receive a formal notice regarding the charge soon after. It’s illegal to retaliate against an employee for filing a workplace harassment claim, and firing someone over a complaint could be considered wrongful termination.
The EEOC may direct you and your employer to a mediation program to negotiate a settlement. Otherwise, or if mediation is unsuccessful, the commission will launch an investigation into your claim.
The agency may ask your employer to answer questions, interview other employees at your workplace, and gather documentation. According to the EEOC, the average investigation takes around 10 months to complete.
Contact Joseph & Norinsberg For Your Employment Law Cases
If you’ve experienced workplace harassment and want to make sure you file your claim within the statute of limitations, a trusted employment law attorney will ensure you file your case on time. The knowledgeable workplace harassment lawyers at Joseph & Norinsberg have helped countless clients navigate the complicated filing process and recover the compensation and justice they deserve.
Call Joseph & Norinsberg today at 212-227-5700 for a free consultation.
