The news for the last few months has been full of sexual harassment allegations from decades ago. High-powered men from Hollywood producer Harvey Weinstein to long-time congressman John Conyers have faced allegations that they sexually harassed women in their employ years before. But could those allegations still result in civil rights lawsuits? Or is it too late to report sexual harassment?

In this blog post, I will review the statute of limitations under Title VII of the Civil Rights Act and other deadlines to report sexual harassment. I will explain how this could affect the decades-old allegations that have arisen in the news, and what you need to do if you think you have a sexual harassment claim.

Deadlines to Report Sexual Harassment at Private Companies

Years-old sexual misconduct allegations may make good news headlines, but they don’t provide relief to employees. Federal anti-discrimination laws, including Title VII of the Civil Rights Act, give workers a limited period of time to file a sexual harassment charge.

If you work for a private employer, you have 180 days after the incident to file your complaint. If a state or local law applies to your case, the filing deadline could be extended to 300 days after the incident. Internal H.R. complaints or private arbitration do not extend this deadline, so it is wise to start the reporting process as soon as possible.

Statute of Limitations for Federal Government Employee Complaints

Federal employees face an even tighter timeline to report sexual harassment at work. Many federal employees must contact the EEO Counselor at the agency within 45 days of incident. Congressional employees may have 180 days under the Congressional Accountability Act. Then most federal EEO complaints will be referred to internal mediation or other dispute resolution programs. If the case is not resolved in that process, federal employees must file a formal complaint within 15 days of receiving a about how to file.

Calculating When a Sexual Harassment Incident Start the Clock

It may be easy to measure when overt sexual harassment happens. But in other cases it can be difficult to determine when the incident starts the clock on the statute of limitations. When there is more than one incident of discrimination involved, a separate deadline applies to each event. For example, if your supervisor approached you for sexual relations in exchange for promises of a raise or promotion in March, June, and July, you would need to file a complaint about the first behavior by November. Under the 180 day statute of limitations, if you waited until January or February to file your complaint, you would only be able to collect damages related to the later incidents.

However, in harassment cases, while you still must file your complaint within 180 or 300 days of the latest incident, the Equal Employment Opportunity Commission (EEOC) will look at all incidents of harassment, even if they happened months or even years before. This is because, a successful sexual harassment claim requires employees to show a pattern of offensive behavior over time.

Getting a Sexual Harassment Complaint Started

Getting a sexual harassment complaint started often depends on the internal policies of your company. Especially if you are a member of a union, you may need to complete your employer’s complaint process before you file with the EEOC. With the short deadlines to report sexual harassment, it can sometimes be challenging to file a formal complaint in time to receive full compensation for your damages.

At Eisenberg & Baum, LLP, our employment discrimination and sexual harassment attorneys can step in to your case even while you are still at the internal review stages. We can help you ensure you meet federal, state, and local requirements, and report sexual harassment before the statute of limitations expires. Contact Eisenberg & Baum, LLP, today to talk to an employment discrimination attorney.