Don’t Wait: CA’s 3-Year Limit for Filing Workplace Harassment Claims
Your Clock Is Ticking: Understanding California’s Extended Deadline for Workplace Harassment Claims
If you’re experiencing workplace harassment in California, you now have three years to file a complaint with the California Civil Rights Department (CRD)—a significant extension from the previous one-year deadline. This landmark change, brought about by California’s AB 9 legislation signed into law on October 10, 2019, recognizes that victims of workplace harassment often need more time to process traumatic experiences and gather the courage to come forward. The SHARE Act was designed in response to the #MeToo movement to give employees more time to process and report workplace harassment incidents, acknowledging that the decision to speak up about harassment, discrimination, or retaliation isn’t always immediate.
💡 Pro Tip: Document every incident of harassment as it happens, including dates, times, witnesses, and specific details—even if you’re not ready to file a complaint yet. This documentation will be invaluable if you decide to pursue action later.
If you’re facing workplace harassment, it’s time to turn the tables. Kent | Pincin is ready to help you navigate California’s complex legal landscape, ensuring your voice is heard and your rights are protected. Don’t wait another moment; reach out to us at 310.376.0922 or contact us to take your first step towards justice today.
Your Rights Under California’s Extended Workplace Harassment Laws
The Fair Employment and Housing Act (FEHA) provides comprehensive protection against workplace harassment in California, applying to public and private employers, labor organizations, apprentice training programs, employment agencies, and licensing boards. Harassment is prohibited in all workplaces, even those with only one employee or independent contractor on staff. When you work with a workplace harassment attorney, they can help you understand that any applicant, employee, unpaid intern, volunteer, or contractor may file a complaint of harassment with the California Civil Rights Department. This expanded timeline applies to all forms of discrimination, harassment, and retaliation prohibited by FEHA, not just sexual harassment claims.
California law requires employers to develop a written policy for the prevention of harassment, discrimination, and retaliation, and employers must distribute the policy to employees under Code of Regs., tit. 2, § 11023. If your employer hasn’t provided this policy or has violated it, a workplace harassment attorney can advise you on how this strengthens your case. The law also protects you from retaliation if you file a complaint—obstructing an employee’s ability to file a complaint and threatening them could be considered an adverse employment action under FEHA for retaliation claims.
💡 Pro Tip: Review your employee handbook for the harassment policy. If your employer doesn’t have one or hasn’t distributed it, this violation could strengthen your case and should be discussed with your attorney.
Critical Deadlines and Steps in Your Harassment Claim Process
Understanding the timeline for filing a workplace harassment claim is crucial to protecting your rights. AB 9 extends the timeline to bring forward a complaint of workplace harassment and discrimination from one year to three years, giving you more time to decide whether to pursue legal action. However, this extended deadline comes with important nuances that you need to understand to protect your claim. Here’s what you need to know about the process:
- You have three years from the date of the harassment incident to file a complaint with the CRD (formerly DFEH), effective for incidents occurring on or after January 1, 2020
- AB 9 will impose a statute of limitations period that is six-times the length of the federal standard and three-times the length of the current state standard, giving California workers significantly more protection
- After receiving a right-to-sue notice from the Department of Fair Employment and Housing, individuals still have one year to file a civil action in court—this deadline hasn’t changed
- The law does not revive claims that had already lapsed under the previous one-year rule as of December 31, 2019, meaning older claims cannot be resurrected
- The statute of limitations can be tolled when charges are filed concurrently with both the Equal Employment Opportunity Commission and the Department of Fair Employment and Housing under specific circumstances
💡 Pro Tip: Mark your calendar with key dates: the date of the harassment incident, the three-year CRD filing deadline, and if you receive a right-to-sue notice, the one-year court filing deadline. Missing any of these deadlines could permanently bar your claim.
Taking Action: How Kent | Pincin Can Help Protect Your Workplace Rights
When facing workplace harassment, having an experienced workplace harassment attorney on your side makes a significant difference in the outcome of your case. The team at Kent | Pincin understands the complexities of California employment discrimination laws and has a proven track record of helping clients throughout Redondo Beach and California secure justice. They recognize that each harassment case is unique and requires a personalized approach to address your specific situation effectively. Whether you’re dealing with sexual harassment, racial discrimination, or any other form of workplace misconduct, their attorneys can guide you through the legal process while protecting your rights and interests.
Kent | Pincin’s workplace harassment attorneys can help you navigate the investigation process, ensuring your employer follows proper procedures. During investigations, employers can only promise limited confidentiality—that information will be shared only with those who "need to know," such as witnesses, company leadership, and human resources. Your attorney can ensure this confidentiality is maintained appropriately while building a strong case. If you experience sexual harassment that rises to the level of violence or assault, you should immediately contact law enforcement, and your attorney can coordinate with criminal proceedings while pursuing your civil claim.
💡 Pro Tip: Before meeting with an attorney, compile all relevant documents including emails, text messages, performance reviews, and witness contact information. This preparation helps your attorney evaluate your case more effectively during the initial consultation.
The Broader Scope of Protected Categories and Harassment Types
Workplace harassment includes discrimination and retaliation based on protected characteristics such as sex and gender, sexual orientation, gender identity, race, age, religion, disability and more. Understanding the full scope of what constitutes actionable harassment helps you recognize when your rights have been violated. A workplace harassment attorney can explain how recent court decisions have expanded protections—for instance, the Bailey decision marked the first time a court held that a coworker’s single use of an unambiguous racial epithet can constitute actionable racial harassment. This groundbreaking ruling means that even a single severe incident can be enough to establish a hostile work environment claim.
Recent Legal Developments Strengthening Your Rights
The California Supreme Court ruled in Bailey v. San Francisco District Attorney’s Office that a single use of the N-word by a coworker can constitute a hostile work environment under FEHA. The Court emphasized that there is no "magic number of slurs that creates a hostile work environment" and that conduct by coworkers may give rise to a claim of harassment. This precedent-setting decision demonstrates California’s commitment to protecting workers from all forms of discrimination, regardless of whether the harassment comes from supervisors or colleagues. When you consult a lawyer about your situation, they can explain how these recent legal developments might strengthen your particular case.
💡 Pro Tip: Don’t dismiss a single severe incident as "not enough" for a claim. Recent court decisions have established that one egregious act of harassment can be sufficient to create liability, especially when it involves explicit slurs or severe misconduct.
Employer Obligations and Your Leverage in Harassment Cases
Understanding your employer’s legal obligations can significantly strengthen your position when addressing workplace harassment. California employers face strict requirements that, when violated, can enhance your claim. The fact that the complaint is anonymous is not a reason to ignore it—employers must investigate all complaints thoroughly, regardless of how they’re submitted. Additionally, employers of five or more are subject to FEHA’s prohibition against employment discrimination, while harassment protections apply to all California workplaces. An experienced workplace harassment attorney can identify whether your employer failed to meet these obligations, potentially strengthening your case for damages.
The Investigation Process and Your Rights
Workplace investigators should make findings based on a "preponderance of the evidence" standard, also referred to as the "more likely than not" standard. In California, external investigators must be licensed private investigators or attorneys acting in their capacity as an attorney per Business and Professions Code Section 7520 et seq. Knowing these requirements helps you ensure your employer conducts a proper investigation. If they cut corners or fail to follow proper procedures, this could be additional evidence supporting your claim. Your workplace harassment attorney will scrutinize the investigation process to identify any procedural failures that could strengthen your position.
💡 Pro Tip: Request a copy of your employer’s investigation report and all related documents. You’re entitled to this information, and any reluctance to provide it could indicate problems with their investigation process.
Additional Protections Beyond Standard Harassment Claims
Governor Gavin Newsom signed 15 bills on October 10, 2019, aimed at increasing protections for California’s workforce, including landmark legislation drafted in response to the #MeToo movement. One significant change involves AB 51 by Assemblymember Lorena Gonzalez, which prohibits employers from requiring employees or applicants to waive rights, forums, or procedures for violations of the Fair Employment and Housing Act or Labor Code. This means your employer cannot force you to sign away your right to file a harassment claim or require arbitration as a condition of employment. Working with a California employment law attorney ensures you understand all the protections available under these new laws.
Special Circumstances and Extended Protections
Certain situations may provide additional time or protections beyond the standard three-year deadline. For example, if you have at least 12 months of service with your employer and have worked at least 1,250 hours during the previous 12-month period, you are entitled to take up to 12 weeks of parental leave. If harassment occurs during or related to protected leave, additional legal protections may apply. The CRD can be contacted at 800-884-1684 (voice), 800-700-2320 (TTY) or California’s Relay Service at 711, and they maintain offices at 651 Bannon Street, Suite 200 Sacramento, CA 95811, with regional offices throughout the state to assist with workplace harassment claims.
💡 Pro Tip: If your harassment claim involves multiple legal issues (like FMLA interference or workers’ compensation retaliation), each may have different deadlines and requirements. Discuss all aspects of your situation with your attorney to ensure complete protection.
Frequently Asked Questions
Understanding Your Rights and the Legal Process
Many workers have questions about the extended timeline and what it means for their specific situation. Here, we address the most common concerns about filing harassment claims under California’s expanded protections.
💡 Pro Tip: Write down all your questions before consulting with an attorney. This ensures you get all the information you need during your consultation and helps you make informed decisions about your case.
Next Steps in Your Harassment Claim Journey
Knowing what to expect can reduce anxiety and help you prepare for the legal process ahead. Understanding the timeline, requirements, and potential outcomes empowers you to make the best decisions for your situation.
💡 Pro Tip: Keep a dedicated file or digital folder for all harassment-related documents, including a timeline of events, witness information, and correspondence. Organization now saves time and strengthens your case later.
1. If I experienced harassment before January 1, 2020, can I still file a claim under the three-year deadline?
Unfortunately, the extended three-year deadline only applies to harassment incidents that occurred on or after January 1, 2020. The law does not revive claims that had already lapsed under the previous one-year rule as of December 31, 2019. However, if the harassment was ongoing and continued after this date, you may still have a valid claim. Consult with an attorney to discuss your specific timeline.
2. What’s the difference between filing with the CRD and filing a lawsuit in court?
Filing with the California Civil Rights Department (CRD) is typically the first step in pursuing a workplace harassment claim. You have three years from the harassment to file with the CRD. After the CRD investigates, they’ll issue a right-to-sue notice. From that notice date, you have one additional year to file a lawsuit in court. This two-step process allows for potential resolution through the CRD before litigation becomes necessary.
3. Can my employer retaliate against me for filing a harassment complaint?
No, California law strictly prohibits retaliation for filing harassment complaints or participating in investigations. The Court has clarified that obstructing an employee’s ability to file a complaint and threatening them could be considered an adverse employment action under FEHA. If you experience retaliation, this becomes an additional claim that may strengthen your overall case.
4. Do I need proof of multiple incidents, or can a single severe incident be enough?
Recent California Supreme Court decisions have established that a single severe incident can constitute actionable harassment. The Court emphasized that there is no "magic number of slurs that creates a hostile work environment." For example, the Bailey decision established that a coworker’s single use of an unambiguous racial epithet can constitute actionable racial harassment. The severity and context of the incident matter more than the frequency.
5. What if I want to remain anonymous when reporting harassment?
You can file an anonymous complaint, and employers are legally required to investigate it. The fact that a complaint is anonymous is not a reason to ignore it. However, remaining anonymous may limit the thoroughness of the investigation and your ability to pursue certain remedies. Discuss with an attorney the pros and cons of anonymous reporting versus filing a formal complaint with your name attached.
Work with a Trusted Workplace Harassment Lawyer
Navigating California’s employment laws requires understanding both the legal framework and the practical realities of pursuing a harassment claim. The California Civil Rights Department enforces FEHA by investigating, conciliating, and prosecuting complaints alleging discrimination, harassment, or violations of FEHA, as well as training employers and employees. However, having your own legal representation ensures your interests are fully protected throughout the process. In Department of Health Services v. Superior Court (McGinnis), the California Supreme Court recognized the doctrine of avoidable consequences as a defense that can limit damages in harassment cases, making it crucial to act promptly and with proper legal guidance to preserve your full right to recovery.
When dealing with workplace harassment, standing up for your rights can feel daunting, but Kent | Pincin is here to lend a hand. Reach out today at 310.376.0922 or contact us for a consultation, and let’s start steering your situation towards justice and resolution.