Common Mistake #9 – Failing to File an Administrative Complaint in Time

As a prerequisite for a lawsuit for sexual harassment in California, a potential plaintiff is required to get a right to sue letter from either the DFEH or the EEOC.

If an administrative claim to the DFEH or the EEOC is not filed within the time period provided by the applicable statute of limitations, then the case is subject to being forever barred by the courts. If a sexual harassment victim does not file an administrative complaint within the required amount of time, then that victim will not be able to move forward with a lawsuit.

Complaints must be filed with the DFEH within one year from the date of the last incident of sexual harassment, which period may be extended up to 90 days if the alleged victim first obtained knowledge of the facts of the harassment after the expiration of the one year period from the date of the occurrence.

Pursuant to Title VII, a victim of sexual harassment generally has 180 DAYS from the incident of harassment to file a charge with the EEOC, but this statute of limitations is extended to 300 days if the victim institutes proceedings with the DFEH or any other state or local agency that has the authority to grant or seek relief from unlawful employment practices.

After a claimant files an administrative complaint and after the claimant gets a right to sue letter, then the claimant must file a private civil lawsuit within the time specified in the right to sue letter, which is within one year of the date of a right to sue letter from the DFEH.

Common Mistake #10 – Not Checking for an Arbitration Agreement
Common Mistake #8 – Taking Management’s Word That the Victim Does Not Have a Case