In California, sexual harassment is created and controlled by statute. California has a three-year statute of limitations for sexual harassment, but as with everything in the law, it is not a simple process.
When Sexual Harassment Statute of limitation Begins
The three-year statute of limitations starts when the last act of sexual harassment is committed. For example, if an employee works for a company but the sexual harassment stopped, the employee has three years from the date the harassment stopped to bring an action against the company. However, before the employee can sue the company, they must obtain a Right-to-Sue letter from the Department of Fair Employment and Housing.
If an employee was last sexually harassed on December 31, 2018, they must get a Right to Sue letter before December 31, 2019. The Agency that grants the Right to Sue will automatically do so upon the request of the employee. This process may extend the termination period from one year to two years. This is because the employee has one year to get a Right to Sue and three years to file the lawsuit. The complexity of the law makes the use of an experienced employment law attorney a good idea.