Experiencing sexual harassment in the workplace can happen to anyone. California continues to work toward improving time limits for filing a claim of sexual harassment, understanding that reporting these illegal behaviors is one of the most challenging actions an individual can take. Contact a San Francisco sexual harassment attorney if you experience workplace sexual harassment, as laws may be amended to provide more time for legal action.
Current Sexual Harassment Statute of Limitations
An amendment to the statute of limitations to file a claim for an incident of sexual harassment in the workplace now allows an individual 18 or older ten years from the date of the most recent act or attempted act of harassment to take legal action. The amendment further provides a time limit of three years from the discovery of or reasonably discovering of an injury or illness resulting from the act. No criminal charges or a conviction is necessary to pursue a civil action for damages in a California sexual harassment claim or lawsuit.
A knowledgeable sexual harassment attorney in San Francisco can offer more insight into your legal rights as the laws are amended. Knowing how to file a sexual harassment lawsuit in California, time limits, and the governmental agency to file a complaint is vital to your damages recovery. Document any suspected incident of sexual harassment in the workplace to support your claim.
Federal law provides a shorter time frame to file a claim for sexual harassment, requiring an employee to file within 180 days of the most recent allegation. When state laws apply, the federal time limits will extend to 300 days to file a claim.
Workplace Sexual Harassment Statistics
You are not alone in your struggle to confront sexual harassment in the workplace. Recent data indicates that over 85% of individuals experiencing sexual harassment never file a claim. In comparison, 70% of employees never make an internal complaint to their employer. It is not unlikely that you know or work with someone experiencing workplace sexual harassment. Other data suggests:
- 38% of women and 14% of men report experiencing workplace sexual harassment
- Women report experiencing some form of sexual harassment at a rate of 60%
- A female’s industry of employment can significantly increase the potential for sexual harassment
- Sexual harassment impacts workers who observe these behaviors
- Sexual harassment is costly, leading to higher turnover rates, a decrease in morale and productivity, and damage to a company’s reputation
Other workplace sexual harassment statistics by the EEOC state the following:
- Women continue to suffer disproportionately due to sexual harassment, with 78.2% of filings occurring by women
- African American women report incidents of race discrimination concurrently with sexual harassment incidents at a rate of 71.2%
- Filing retaliation and sexual harassment charges concurrently occurs at 40.8%
What Statistics Suggest About Reporting Sexual Harassment in the Workplace
Sadly, most cases of sexual harassment in the workplace go unreported. The reasons for not reporting workplace sexual harassment include:
- Retaliation
- The fear of disbelief by coworkers
- The fear of blame for the incident
It is illegal for an employer to retaliate against you for reporting sexual harassment. Proving retaliation can lead to additional claims against an employer. Confidentially discuss sexual harassment in the workplace to determine if you have a case.