Sexual harassment in the workplace can be devastating, leaving victims feeling overwhelmed, vulnerable, and unsure of their next steps. While the emotional toll can make it difficult to come forward, understanding your legal rights is essential—and acting within the prescribed timeframe is crucial for preserving your claim.
What is the Statute of Limitations?
The "statute of limitations" refers to the legal deadline for filing a claim. Once this time frame passes, you may lose the right to pursue your case. These deadlines are set to ensure claims are addressed within a reasonable period, preserving the availability of evidence and witness credibility.
For sexual harassment cases, the applicable statute of limitations may vary depending on the state you live in, the laws governing your claim, and whether your case is filed under federal or state law.
Deadlines Under Federal Law
Most workplace harassment claims, including sexual harassment cases, fall under Title VII of the Civil Rights Act of 1964. Under Title VII, you are required to file a complaint (known as a "charge of discrimination") with the Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit in court.
Here’s how the timeline works:
- 180 Days: Generally, you have 180 days from the date of the harassment to file a charge with the EEOC.
- 300 Days: If your state has its own fair employment practices agency (FEPA), the deadline may be extended to 300 days to account for state-level investigations.
It’s important to note that these time limits apply to the initial EEOC charge—not the lawsuit itself. Once the EEOC completes its investigation, you will receive a Notice of Right to Sue, granting you 90 days to formally file your case in federal court.
Deadlines Under West Virginia Laws
Many states have their own employment discrimination laws, which can provide additional protections and longer filing deadlines.In West Virginia, the Human Rights Act protects individuals from workplace discrimination and harassment. Under this law, you have 365 days from the date of the last incident of sexual harassment to file a complaint with the West Virginia Human Rights Commission (WVHRC). If your case is not resolved within 365 days, you have an additional 90 days to file a lawsuit in court.
What Happens if You Miss the Deadline?
Missing the deadline for filing your complaint can be devastating. In most cases, your claim will be rejected by the EEOC or WVHRC and potentially considered "time-barred." This means that you may lose the right to seek justice for the harm done to you.
However, several exceptions may extend your filing deadline, including:
- Continuous Violation: If the harassment occurred over an extended period, and you filed a complaint within 180 days of the most recent incident, your claim may still be accepted.
- Fraudulent Concealment: If your employer actively concealed your right to file a claim or misled you about the applicable deadlines, the statute of limitations may be extended.
Because these nuances can significantly impact your case timeline, consulting an experienced sexual harassment attorney is highly recommended.
Why Taking Action Early is Critical
The emotional impact of harassment can make taking the first step seem daunting. However, the sooner you act, the better positioned you’ll be to gather crucial evidence, secure witness testimony, and build a strong case against your employer.
Additionally, delaying action could lead to complications, such as:
- Key evidence being lost or destroyed.
- Witnesses forgetting critical details over time.
- Missing the legal deadlines entirely, putting your claim at risk of dismissal.
An experienced attorney can help shoulder the burden by guiding you through the process, advocating on your behalf, and ensuring your claim is filed within the required timeframe.
Take Control of Your Workplace Rights With Charleston Sexual Harassment Attorneys
Filing a sexual harassment claim takes courage, but it’s a vital step toward accountability and justice. If you or someone you know has experienced workplace harassment, don’t wait until it’s too late—take action now.
At Rod Smith Law PLLC, we specialize in protecting employees’ rights and have extensive experience handling sexual harassment cases. Our compassionate legal team will provide you with personalized guidance, explain your options, and fight for the justice you deserve.
Contact us today at (304) 406-7076 for a free consultation and take the first step toward reclaiming your workplace.