You often have 180 days to start a federal workplace sexual-harassment case, or 300 days in a state with a matching local law. The U.S. EEOC describes those filing periods in its time limits for filing a charge.
An EEOC charge is the formal complaint you file with the federal workplace civil-rights agency. Federal law treats workplace sexual harassment as sex discrimination under Title VII. Your deadline turns on your employer type, your state, and the legal path you choose.
Table of Contents
- How fast must private-sector workers act?
- What if you work for the federal government?
- Do California and New York give you more time for an employment claim?
- Can you file a separate sexual-assault lawsuit with a longer deadline?
How fast must private-sector workers act?
Private workers generally must file an EEOC charge within 180 calendar days of discrimination. The period extends to 300 days where a state or local agency enforces a law against the same type of discrimination. Title VII covers private employers with 15 or more employees, the U.S. EEOC says, including state and local governments. You generally cannot go straight to federal court under Title VII. The U.S.
EEOC says you must first file an EEOC charge and receive a Notice of Right to Sue. After you receive that notice, you must file the federal lawsuit within 90 days, according to the U.S. EEOC in its guide to filing a lawsuit. That 90-day lawsuit deadline is set by law. It runs after the agency process, not instead of it. Miss the first charge deadline and you can lose the later right to sue.
What if you work for the federal government?
Federal employees and applicants have a shorter first step. They generally must contact an agency EEO Counselor within 45 days of the discriminatory act or personnel action, the U.S. EEOC says. An EEO Counselor handles the federal-sector pre-complaint process.
That contact starts counseling, not a court case. Ask your agency EEO office how to make contact and document the date. This 45-day rule is separate from the private-sector charge system. If you are a federal worker, do not wait for the longer private-sector deadline.
Do California and New York give you more time for an employment claim?
In California, employment cases must be submitted to the Civil Rights Department within three years of the last harm. The California Civil Rights Department explains that process in its complaint process guide. A department complaint is required even to file directly in court. In New York, a workplace sexual-harassment complaint must be filed with the State Division of Human Rights within three years of the alleged discriminatory act, according to the State of New York.
That state path runs alongside the federal EEOC path. The available remedy depends on which agency receives a timely complaint. These employment-discrimination deadlines focus on unequal treatment at work. They are different from civil claims for sexual assault itself. The correct filing location matters as much as the filing date.
Can you file a separate sexual-assault lawsuit with a longer deadline?
Separately from employment-discrimination charges, California allows an adult sexual-assault civil action within the later of 10 years from the last assaultive act or 3 years after discovery of resulting injury. The California Legislature states that rule in the text of AB 250. The same state law also creates a temporary revival window in 2026-2027, through Dec.
31, 2027, for certain otherwise time-barred adult sexual-assault claims against private-sector defendants. New York law permits civil claims for injury from conduct constituting specified sexual offenses to be brought within 20 years, notwithstanding other time limits in the same article. These assault-based paths can remain open after an employment-charge deadline has passed. They use different laws, defendants, and proof requirements.
- Write down each harmful act, its date, its location, and any witness.
- Keep pay records, schedules, messages, reports, and medical notes together.
- File first with the agency that has the shortest deadline that may apply.