How Long Do You Have to File a Sexual Harassment Claim in California?
California gives you three years from the last act of harassment to file with the Civil Rights Department, then one year to sue after the right-to-sue notice. When the clock starts, why an HR report does not stop it by itself, the EEOC's usual 300 days, government employers, and the sexual assault revival window that closes on December 31, 2026.
California gives you three years from the last act of harassment to file with the Civil Rights Department, then one year to sue after the right-to-sue notice. When the clock starts, why an HR report does not stop it by itself, the EEOC's usual 300 days, government employers, and the sexual assault revival window that closes on December 31, 2026.
In California, you generally have three years from the last act of harassment to file a complaint with the Civil Rights Department (CRD) (formerly DFEH). Once CRD issues a right-to-sue notice, you have one year from the date of that notice to file a lawsuit. A federal charge with the Equal Employment Opportunity Commission (EEOC) is generally due within 300 days of the last incident. Claims based on sexual assault can have longer deadlines.
At a glance
- State complaint: three years from the last act of harassment to file an intake form with CRD. Filing the intake form counts as filing the complaint.
- Lawsuit: one year from the date on the right-to-sue notice, not the day it reaches you.
- Federal charge: generally 300 days in California to file with the EEOC, then 90 days to sue after you receive its notice of right to sue.
- Reporting to HR: an internal complaint does not stop either clock by itself.
- Sexual assault: an adult survivor has 10 years from the last act, or 3 years from when they discovered, or should have discovered, the injury, whichever is later. A window that revives expired claims based on conduct on or after January 1, 2009, closes on December 31, 2026.
- Government employers: a harassment claim under the Fair Employment and Housing Act (FEHA) needs no government claim first, but assault and battery claims against a public entity do, within six months.
What people assume, and what California law says
| What people assume | What California law says |
|---|---|
| You have one year to file a harassment complaint with the state. | Workplace harassment complaints have three years at CRD. The one-year rules cover some non-employment claims and the lawsuit after a right-to-sue notice. |
| The clock starts with the first incident. | For a continuing pattern of harassment, the state deadline generally runs from when the harassment ends, or from when it becomes clear that further efforts to stop it would be futile. |
| A report to HR stops the clock. | An internal report does not pause the CRD or EEOC deadline by itself. A court may sometimes extend the state deadline afterward, but nobody should plan around that. |
| Once you quit, it is too late to file. | Resigning does not end a harassment claim. If the harassment was still going on when you quit, your resignation ends it and starts the three-year state clock. If it stopped earlier, the clock generally started when it stopped. The clock may also start earlier if your employer had already made clear it would not stop the harassment. |
| Government workers have six months for everything. | A FEHA harassment claim against a California public employer needs no government claim first. The six-month claim applies to tort claims such as assault or battery. |
| Adult sexual assault claims expire in two years. | Civil claims for sexual assault, as California defines it, run 10 years from the last act, or 3 years from when the survivor discovered, or should have discovered, the injury, whichever is later. |
What are the deadlines for each kind of harassment claim?
For most workers, the claim is workplace sexual harassment under FEHA, whether it took the form of quid pro quo demands or a hostile work environment. But the deadline depends on the claim and on who your employer is.
| Claim | Deadline | When the clock starts | Where (law) |
|---|---|---|---|
| Harassment complaint to CRD | 3 years; may be extended up to 90 days if you first learn the facts in the 90 days after the three years run out | The last act of harassment | CRD intake form (Gov. Code 12960) |
| Lawsuit after CRD | 1 year | The date of the right-to-sue notice | State court (Gov. Code 12965) |
| Federal charge under Title VII | Generally 300 days, then 90 days to sue | The last incident; then the EEOC's notice | EEOC, then federal court (42 U.S.C. 2000e-5) |
| Federal government employee | 45 days to contact an EEO Counselor | The date of the harassment | The agency's EEO office (29 CFR 1614.105) |
| Public employer, tort claim | 6 months to present a government claim; after that, you can apply to present a late claim within a reasonable time and no later than 1 year after the claim accrues, but relief is not automatic | When the claim accrues (legally arises) | The public entity (Gov. Code 911.2) |
| Adult sexual assault | 10 years, or 3 years from discovery, whichever is later; against a public entity, a written government claim within 6 months comes first | The last act, or when you discovered, or should have discovered, the injury | State court (Code Civ. Proc. 340.16) |
| Revived adult sexual assault claim | Until December 31, 2026 | No start date: a fixed end date for expired claims based on conduct on or after January 1, 2009 | State court (Code Civ. Proc. 340.16(b)(3)) |
| Other assault and battery (not sexual assault) | 2 years | The incident | State court (Code Civ. Proc. 335.1) |
The three-year CRD deadline is in Government Code section 12960. AB 9, approved in October 2019, raised it from one year to three, without reviving claims that had already lapsed. The same three-year deadline applies to a CRD complaint about sexual harassment by someone in a business or professional relationship who is not your employer, such as a landlord, a physician or a producer, under Civil Code section 51.9.
When does the clock start for sexual harassment?
Usually at the end. CRD's sexual harassment fact sheet says you may file "within three years of the last act of harassment or retaliation."
The California Supreme Court set the test in Richards v. CH2M Hill, a 2001 disability harassment case. A series of acts counts as one course of conduct if the acts are similar in kind, happen often enough, and have not become so settled that the employee is on notice that further efforts would be futile. The deadline then runs "either when the course of conduct is brought to an end, as by the employer's cessation of such conduct or by the employee's resignation, or when the employee is on notice that further efforts to end the unlawful conduct will be in vain."
If you still work there and your employer makes clear it will do nothing, the clock may start before the harassment stops. And because California's harassment rules apply to most employers with even one employee, a small office is no reason to wait.
Federal law is similar. In National Railroad Passenger Corp. v. Morgan, the U.S. Supreme Court held that a hostile work environment charge is on time if the acts are part of the same practice and at least one falls inside the filing period.
A firing, a denied promotion or a refused transfer usually starts its own clock. If you were fired after reporting harassment, see our guide on how long you have to file a wrongful termination claim.
Does reporting to HR pause the deadline?
Not by itself.
In McDonald v. Antelope Valley Community College, the California Supreme Court held in 2008 that FEHA "does not preclude equitable tolling during the voluntary pursuit of internal administrative remedies." Equitable tolling is a court-made extension of a deadline, and it is not automatic. The employee must show timely notice to the employer, no prejudice to it, and reasonable, good-faith conduct. McDonald involved a formal complaint procedure at a community college. The court did not decide whether an informal report to a private company's HR department qualifies.
The EEOC is blunter: its deadlines "generally will not be extended while you attempt to resolve a dispute through another forum such as an internal grievance procedure."
So report the harassment if it is safe to do so, and file with CRD on time while any internal process runs.
Should you file with CRD, the EEOC, or both?
You can file with CRD, the EEOC, or both. Title VII, the federal law, applies to employers with 15 or more employees on each working day in at least 20 calendar weeks of the current or preceding year. FEHA's harassment rules apply to employers that regularly employ one or more people, or regularly use the services of one or more contractors, although nonprofit religious associations and corporations are generally excluded. The usual federal deadline is 180 days, but it becomes 300 days where a state agency enforces a similar law, as CRD does. The federal statute adds a limit: the charge is due within 300 days, or within 30 days after you receive notice that the state agency has ended its proceedings, whichever is earlier.
When a complaint filed with CRD alleges facts that would break a law the EEOC enforces, CRD files it with the EEOC automatically. That federal filing is on time only if it is made within the 300 days. CRD will not file your complaint with the EEOC for you when you request a right-to-sue notice, so a federal claim then means going to the EEOC yourself. If you take that route and want a federal claim, file with the EEOC promptly rather than counting on the full 300 days.
The one-year state lawsuit deadline is strict, but the statutes stretch it in some situations, including these. If you file on time with both agencies at the same time, and one agency hands the investigation to the other, the period can run until the federal suit period ends or one year from CRD's notice, whichever is later. That applies when CRD defers to the EEOC and issues a right-to-sue notice, or when the EEOC defers to CRD and then reviews CRD's findings or investigates itself.
Since January 1, 2026, under SB 477, an appeal of CRD's decision to close a complaint it investigated can also pause (toll) the time to sue, if the appeal is on time. CRD's instructions give you 10 calendar days from the date on its Notice of Case Closure letter to file the appeal. CRD will not accept appeals for some closures, such as cases that were settled, withdrawn, or closed at CRD's discretion. CRD says an appeal on time "may pause (or toll)" the lawsuit deadline, so confirm your dates with a lawyer rather than relying on an appeal to extend them.
Ready to talk it through?
If you are not sure which deadline applies to you, a short conversation can sort out the dates before any of them run. Tell us what happened.
What if your employer is a government agency?
FEHA's harassment rules cover the state, cities and other California public employers. In Snipes v. City of Bakersfield, a California appeals court held that FEHA claims "are not subject to the claim-presentation requirements" of what is now the Government Claims Act. So a FEHA claim against a public employer follows the normal CRD deadlines.
Tort claims are different. Assault, battery or emotional distress claims against a public entity generally need a written government claim within six months of when the claim accrues, meaning the date the law treats the claim as having arisen. If the entity rejects it in writing, you have six months from the date that notice is delivered or mailed to sue. If you miss the six-month claim deadline, you can apply to the entity for permission to present a late claim, within a reasonable time and no later than one year after the claim accrues, and you must give the reason for the delay. Relief is not automatic. Our page on public employees' rights after a firing covers that system.
Federal employees are outside FEHA. They generally must contact an EEO Counselor at their agency within 45 days.
How long do you have to sue for sexual assault at work?
When the harassment included sexual assault, a longer deadline can apply to a lawsuit over the assault itself. Under Code of Civil Procedure section 340.16, an adult survivor can sue within 10 years of the last act, or within 3 years of discovering, or when they reasonably should have discovered, that an injury resulted, whichever is later.
"Sexual assault" here means specific crimes listed in the Penal Code, plus attempts and assaults with intent to commit them. No criminal case is needed, and the claim can reach people and entities other than the person who committed the assault. If you sue a public employer over the assault, that lawsuit generally needs a written government claim within six months first. Verbal or non-contact harassment stays on the FEHA three-year track. Even where there was an assault, a harassment complaint to CRD still has three years and needs no government claim, although the AB 250 window below can revive related harassment claims.
Two revival windows are open now.
- Conduct on or after January 1, 2009 (AB 2777). Section 340.16(b)(3) revives an adult sexual assault claim that expired only because of the deadline: "Such claims are hereby revived and may be commenced until December 31, 2026." It excludes claims decided by a court, or settled in writing, before January 1, 2023. If this applies to you, the lawsuit itself must be filed by December 31, 2026, so contact a lawyer now rather than in December.
- The 2026 to 2027 window (AB 250). A second window runs from January 1, 2026, to December 31, 2027. It revives claims against the person who committed the assault, with no cover-up allegation needed. Against an employer or other entity, you must also allege it engaged in or attempted a cover-up of a previous instance or allegations of sexual assault by an alleged perpetrator. Nondisclosure and confidentiality agreements can count as a cover-up. Related claims, including wrongful termination and sexual harassment, are revived with it when they arise out of that sexual assault. Claims against public entities are excluded, and so are claims decided by a court, or settled in writing, before January 1, 2026.
AB 2777 is sometimes described as one window from 2023 to 2026. It created two: the 2009 revival above, and a cover-up window that ran from January 1, 2023, to December 31, 2023, and is now closed.
For childhood sexual assault on or after January 1, 2024, there is no time limit for a civil claim. Older cases follow the rules in force on December 31, 2023.
What if you were a minor, or only learned the facts later?
FEHA has two narrow extensions for these cases. If you were under 18, the CRD deadline may be extended up to one year after you turn 18. If you first learn the facts during the 90 days after the three years run out, the deadline may be extended by up to 90 days. That is not an open-ended discovery rule.
For assault or battery that is not sexual assault, the time you were a minor does not count, under Code of Civil Procedure section 352, so a minor's two-year battery claim against a private defendant runs to age 20. That pause does not apply to claims against a public entity that require a government claim.
What should you do now?
- Write down the dates. CRD asks for "specific dates when you believed you were harmed," and the last one usually starts the clock.
- Keep the evidence. CRD lists e-mails, text messages, screenshots, police reports and grievances among the documents to bring. Our guide to documenting workplace evidence explains what to keep and how.
- File the intake form online through the Cal Civil Rights System (CCRS), on paper or by phone. A CRD representative then interviews you and decides whether to accept the complaint for investigation.
- Decide about an immediate right-to-sue notice. You must file with CRD even if you want to go straight to court. You can ask for the notice at once, but CRD calls this "advisable only if you have an attorney," and it starts the one-year lawsuit clock immediately. CRD will also not investigate your complaint once the notice issues. Our page on how to sue your employer after a right-to-sue notice covers the next steps.
Frequently asked questions
What is the timeframe to report a harassment claim in California?
You have three years from the last act of harassment to file an intake form with the California Civil Rights Department. After CRD issues a right-to-sue notice, you have one year from the date of that notice to sue. A federal charge with the EEOC is generally due within 300 days in California.
What is the look-back period for sexual assault in California?
An adult survivor can file a civil claim within 10 years of the last act, or 3 years from when they discovered, or should have discovered, the injury, whichever is later. Expired claims based on conduct on or after January 1, 2009, are revived until December 31, 2026. A separate window runs from January 1, 2026, to December 31, 2027. It revives claims against the person who committed the assault without any cover-up allegation. It reaches an employer or other entity only if you also allege that the entity engaged in or attempted a cover-up of a previous instance or allegations of sexual assault. A lawsuit over the assault against a public employer generally needs a government claim within six months first, and the 2026 to 2027 window does not apply to it.
Can I still file if the harassment ended years ago?
Possibly. Workplace harassment complaints must reach CRD within three years of the last act, with a narrow extension of up to 90 days for facts first learned in the 90 days after that deadline. If the harassment included sexual assault, a separate lawsuit for the assault itself may still be possible under the 10-year deadline or a revival window.
Does reporting to HR stop the clock?
No, not by itself. The EEOC says internal grievances generally do not extend its deadline. Under the McDonald decision, a California court may extend the state deadline in some cases while an employee pursues an internal remedy, but that is not automatic. File with CRD on time.
Do public employees have a shorter deadline?
Not for a FEHA harassment claim, which needs no government claim first, so the three-year CRD deadline applies. Tort claims such as assault or battery against a public entity need a government claim within six months. If you miss that, you can apply to present a late claim within a reasonable time and no later than one year after the claim accrues, but relief is not automatic. Federal employees have 45 days to contact an EEO Counselor.
Can I still sue if I quit?
Quitting does not by itself end a harassment claim. Under the Richards decision, quitting while the harassment is still going on ends the course of conduct and starts the state clock. If it stopped before you quit, the clock generally started when it stopped. The clock may also start earlier if your employer had already made clear it would not stop the harassment. You then generally have three years to file with CRD, and one year after the right-to-sue notice to sue.
What evidence should I gather before filing?
Start with the specific dates you were harmed. CRD lists e-mails, text messages, screenshots, police reports and grievances among the documents to bring. Add the names of anyone who saw or heard what happened, and copies of any written reports you made.
Where to start
Start with one date: the last time it happened. Most of the filing deadlines here run from it, and a lawyer can work forward from there. Deadlines can run early, so confirm your dates with us. For help with a harassment claim in Los Angeles or elsewhere in California, visit our sexual harassment practice page.
The Law Offices of Jonathan J. Delshad is a Los Angeles based employment law firm representing employees across California in wrongful termination, discrimination, retaliation, harassment, and wage and hour matters. Representing employees is the core of the firm's practice. Mr. Delshad serves as Editor-in-Chief of the California Wrongful Termination Law Review and trained at Latham & Watkins. Recognition includes Super Lawyers (2022 to 2027), Best Lawyers (since 2017), and an Avvo 10.0 "Superb" rating. Reviewed for California employment law accuracy. Last updated: October 16, 2026.
Attorney advertising. This article is educational only and is not legal advice. Reading it does not create an attorney-client relationship, which exists only under a signed engagement agreement. Every case is different, and outcomes depend on the specific facts. Deadlines can run early, so consult a lawyer promptly about your situation.
