How Long Do I Have to Sue for Sexual Harassment?
If you work in New York City, you can file a discrimination claim in state court or three different agencies. You can file a claim with the Equal Employment Opportunity Commission (EEOC), the New York Division of Human Rights, or the New York City Commission on Human Rights. The agencies have a work-sharing agreement, so you do not need to file separate claims with each agency. It is sufficient to indicate to one of the agencies that you want the claim to be cross-filed with the others. However, federal, state, and local laws have different rules about how long you have to sue for sexual harassment. Our New York City sexual harassment lawyers can explain the specific timeline that governs your case. We are a full service Employment Law Firm serving the New York area as well as New Jersey and Philadelphia.What is a Statute of Limitations?
A statute of limitations is a limit placed by law on how much time can pass after an incident before you lose your right to sue. If you want to sue for sexual harassment, you should consult an attorney right away after being harassed. Your ability to sue may be compromised if you wait. This means that you will no longer be able to pursue or recover damages from your employer, even if you have a claim arising out of a sexual assault or another very serious incident.How Long Do I Have to Sue for Sexual Harassment Under Federal Law?
To pursue your sexual harassment claim under Title VII of the Civil Rights Act of 1964, you must file a charge with the federal Equal Employment Opportunity Commission (EEOC) within 180 calendar days from the date of the harassment. This federal deadline is lengthened to 300 calendar days when a state or local agency enforces a law that prohibits the same type of discrimination. New York is one such state, which means that you have 300 days from any episode of sexual harassment to file a charge with the EEOC against an employer that has 15 or more employees.What if There are Multiple Episodes of Harassment?
This deadline applies to each episode of sexual harassment. The EEOC will look at all of the incidents of harassment during its investigation, however, even if they occurred more than 180 days or 300 days earlier.How Long Do I Have to Sue for Sexual Harassment Under State Law?
You can file a claim with the Division of Human Rights within one year of an episode of sexual harassment. However, you need not file a charge with the Division of Human Rights, and in some cases, it is better to simply pursue your lawsuit in the New York State Supreme Court with the help of an attorney. You have three years from the harassment to file a lawsuit based on state law.How Long Do I Have to Sue for Sexual Harassment Under Local Law?
If you work in the private sector, you can file a charge with the New York City Commissioner on Human Rights within a year of the last episode of sexual harassment. The Commission is charged with enforcing the city's very strong Human Rights Law, which prohibits workplace sexual harassment. You are not required to file a harassment complaint with an administrative enforcement agency if you are pursuing damages under the New York City law. You have three years from the date of the harassment to file a lawsuit in court based on the New York City Human Rights Law.How Much Does It Cost to File a Sexual Harassment Lawsuit?
If you file with one of the state of federal agencies there is no charge. The filing fee for state court is $210.00. In federal court the filing fee is $400.00. There are other costs associated with filing a lawsuit such as process service, depositions, mediation fees, printing and of course attorney fees. If you retain Phillips & Associate to handle your sexual harassment law suit, you will not have to pay any money for our attorney fees unless we resolve your case. Our employment law firm, will also advance the cost of litigation until the case is concluded.Retain a Sexual Harassment Attorney to Bring a Claim
At the employment law firm of Phillips & Associates, we understand the pain that victims may feel after being subjected to sexual harassment. If you are wondering how long you have to sue for sexual harassment in New York City, you should consult us right away. Our attorneys fight harassment in Manhattan, the Bronx, Queens, Brooklyn, and Staten Island, as well as Nassau and Suffolk Counties, Westchester and New Jersey. Contact us at (212) 248-7431 or through our online form.
45 Broadway, Suite 620,
New York NY, 10006