How Long Do I Have to File a Sexual Harassment Claim in California?
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The Short Answer: Two Deadlines, Not One
In California, you generally have three years from the last act of harassment to file a complaint with the Civil Rights Department (CRD), the required first step before any lawsuit. This three-year window was established by AB 9, effective January 1, 2020, and is codified in Government Code § 12960. Once the CRD issues a right-to-sue notice, you then have one year from that date to file a civil lawsuit in Superior Court under Government Code § 12965(c)(1)(C). Missing either deadline can permanently end your sexual harassment claim.
The most common source of confusion is that most people assume there is a single deadline to sue. There are two separate deadlines in sequence: an administrative filing first, a lawsuit second. Skipping or missing the first step eliminates the second entirely.
Step 1: File with the CRD Within Three Years
You must file a complaint with the CRD within three years of the last act of harassment, not the first. For ongoing harassment, this matters: the clock resets with each new unlawful act. Filing the intake form with the CRD is what counts for deadline purposes. Under Government Code § 12960(b), the verified complaint relates back to the date you submitted the intake form, so do not wait to complete all paperwork before submitting.
Step 2: File a Lawsuit Within One Year of Filing Your Complaint
You cannot file a civil lawsuit for sexual harassment under California’s Fair Employment and Housing Act (FEHA) without first obtaining a right-to-sue notice from the CRD. Once that notice is issued, For applicable individual complaints, a civil action must be brought within one year after the filing of the complaint under (Gov. Code § 12965(c)(1)(C)).
If you do not request an immediate right-to-sue notice, the CRD must issue one upon completing its investigation, and no later than one year after you filed your complaint (Gov. Code § 12965(c)(1)(A)). If the CRD does not bring its own civil action within 150 days of your complaint being filed, it must notify you in writing that a right-to-sue notice is available on request.
One additional rule applies in narrower circumstances: if the CRD director treats a complaint as a group or class complaint, the civil action deadline extends to two years from the filing of the complaint (Gov. Code § 12965(c)(5)(A)).
How AB 9 Changed the Sexual Harassment Claim Deadline in California
If you have seen references to a one-year deadline for sexual harassment claims in California, those sources are citing pre-2020 law. Before AB 9 took effect on January 1, 2020, employees had only one year from the date of the last act of harassment to file with what was then called the Department of Fair Employment and Housing. AB 9 tripled that window to three years, codified at Government Code § 12960. The three-year rule is current California law. Any generic legal reference or older article citing a one-year CRD deadline is outdated and should not be relied upon.
If your harassment occurred before January 1, 2020, consult an attorney about which deadline applied at the time. AB 9 was not retroactive.
Does California's Harassment Law Cover Your Employer?
Almost certainly yes. Under Government Code § 12940(j)(4)(A), FEHA’s anti-harassment prohibition applies to all California employers regardless of size, including businesses with only one employee. This is broader than most other FEHA protections. For example, FEHA’s anti-discrimination and anti-retaliation provisions generally apply only to employers with five or more employees, but the harassment prohibition has no minimum headcount threshold.
Coverage under FEHA extends beyond traditional employees. The following individuals are protected:
- Current employees
- Job applicants
- Unpaid interns
- Volunteers
- Certain independent contractors
If you were harassed while working in any of these capacities, the three-year filing window and the right-to-sue process apply to you. If you are unsure whether your work arrangement qualifies, an attorney can assess your specific situation. Our firm’s Los Angeles workplace sexual harassment lawyers handle cases across all of these covered categories.
Can You Sue the Individual Harasser, Not Just the Company?
Yes. Under Government Code § 12940(j)(3), individual harassers, including coworkers and supervisors, can be held personally liable for sexual harassment they commit. Personal liability attaches regardless of whether the employer knew about the conduct. This means an attorney may name both the employing company and the individual harasser as defendants in the same civil action. If you are asking whether you have a claim only against a powerful individual and not the company itself, the answer under California law is that both are potential defendants.
Many people are surprised to learn that a coworker, not just a manager or owner, can face personal liability. If you are uncertain how to prove what happened without direct witnesses, our guide on how to prove sexual harassment at work without witnesses walks through the types of evidence courts and the CRD consider.
What About Filing a Federal Sexual Harassment Claim?
Employees in California may also have a parallel federal claim under Title VII of the Civil Rights Act, filed with the Equal Employment Opportunity Commission (EEOC). The critical California-specific detail: because California has its own state civil rights agency (the CRD), the federal filing window for California workers is 300 days from the alleged harassment, not the 180-day baseline that applies in states without a qualifying state agency.
The CRD and EEOC have a worksharing agreement, which means a complaint filed with the CRD can be dual-filed with the EEOC at the same time, preserving both your state and federal claims without requiring two separate submissions. Even so, the state and federal processes run on separate tracks with separate deadlines, so tracking both matters.
What Happens If You Miss a Deadline?
Missing the three-year CRD filing deadline bars your FEHA claim entirely. Because the civil lawsuit option depends on the CRD complaint, missing the administrative deadline eliminates your ability to file suit in court as well. The consequences are not a reduction in what you can recover; they are the complete loss of the claim.
Missing the one-year post-notice lawsuit deadline has a similar effect: even if your CRD complaint was timely, the right to sue is lost if you do not file in court within one year of receiving your right-to-sue notice.
Certain limited exceptions may apply in specific circumstances and could toll, or pause, one or both deadlines. Those situations are fact-specific and require legal analysis. Do not assume an exception applies without consulting an attorney. Time pressure is one of the central reasons early legal consultation matters in these cases.
A Timeline of Your Sexual Harassment Claim in California
Step-by-Step Claim Timeline with Deadlines
Stage | What Happens | Deadline / Timeframe | Legal Authority
|
|---|---|---|---|
Last act of harassment occurs | The statutory clock starts running from this date, not the first incident | Day 0 | |
File intake form with the CRD | Submit the CRD intake form online, by mail, or in person; the verified complaint relates back to this date | Within 3 years of last act | |
CRD notifies claimant of right-to-sue availability | If the CRD does not bring its own civil action within 150 days of filing, it must notify you in writing that a right-to-sue notice is available on request | 150 days after CRD complaint filed | Gov. Code § 12965(c)(1)(A) |
CRD issues right-to-sue notice | Issued upon request, or automatically upon completing investigation; no later than 1 year after the complaint was filed if you do not request one sooner | No later than 1 year after CRD complaint | Gov. Code § 12965(c)(1)(A) |
File civil lawsuit in California Superior Court | Lawsuit must be filed within 1 year of the right-to-sue notice date; missing this deadline forfeits the civil claim | Within 1 year after filing the complaint | Gov. Code § 12965(c)(1)(C) |
EEOC charge (federal, optional parallel track) | File separately with EEOC to preserve Title VII rights; CRD complaint can be dual-filed | Within 300 days of harassment | EEOC charge-filing rules (CA extended window) |
Common Mistakes That Can Jeopardize Your Sexual Harassment Claim
Understanding the deadlines matters, but so does knowing the procedural errors that most often derail valid claims before they reach a courtroom. Many people who had strong claims lost them for reasons unrelated to the merits.
- Waiting to file because the harassment stopped. The harassment ending does not pause the three-year clock. The deadline runs from the last act, whether or not the behavior continued.
- Believing an internal HR complaint substitutes for a CRD filing. It does not. Filing a complaint with your employer’s HR department has no effect on your legal deadlines. The CRD complaint is a separate, mandatory step.
- Filing a lawsuit before obtaining a right-to-sue notice. Courts will dismiss a FEHA lawsuit filed without the required notice. The administrative step is not optional.
- Confusing the EEOC deadline with the CRD deadline. These are separate clocks on separate tracks. Filing with one does not automatically preserve your rights with the other, even though dual-filing is available.
- Waiting to gather more evidence before filing with the CRD. The intake form starts the clock running in your favor. Additional evidence can be submitted later. Delaying intake to “build a stronger case” puts the deadline at risk.
- Assuming the harasser being a coworker (not a supervisor) means there is no claim. Under Gov. Code § 12940(j)(3), individual coworkers can face personal liability. Employer liability for coworker harassment also exists under specific circumstances.
- Not knowing whether the conduct qualifies. Repeated unwanted romantic advances by a coworker, for example, can constitute harassment under California law. Our article on whether a coworker repeatedly asking you out is sexual harassment addresses common boundary questions.
What This Means for Your Next Step
If the harassment happened within the last three years, you likely still have time to file with the CRD, but that window is not unlimited and does not pause while you decide. The earlier you file the intake form, the more time you preserve to investigate, negotiate, and, if necessary, litigate. If you have already received a right-to-sue notice, the one-year litigation clock is now running and takes priority. If you are considering whether your situation is worth pursuing, reviewing what California sexual harassment cases are worth may help you assess the stakes.
Most importantly, the procedural sequence in California is strict: miss the CRD step and the courthouse door closes regardless of how strong your underlying claim is. A California sexual harassment attorney can review your specific timeline, assess whether any tolling exceptions apply, and make sure no deadline is missed while your case is evaluated.
Frequently Asked Questions
Does the three-year deadline apply if the harassment happened before 2020?
AB 9 took effect January 1, 2020, and was not retroactive. If your last act of harassment occurred before that date, a different deadline may have applied. Consult an attorney to assess which deadline governed your situation.
What if I filed an internal complaint with HR but never filed with the CRD?
An internal HR complaint does not satisfy the CRD filing requirement and does not toll the three-year deadline. Your legal clock continues to run regardless of any employer-side process.
Can I file with both the CRD and the EEOC?
Yes. The CRD and EEOC have a worksharing agreement that allows dual filing, meaning one submission can preserve both state and federal claims. However, the deadlines differ (three years for the CRD; 300 days for the EEOC), so acting promptly is essential.
What if I am an independent contractor, not an employee?
Certain independent contractors are protected under Government Code § 12940(j)(4)(A). Whether your specific working arrangement qualifies is a fact-specific determination best reviewed by an attorney.
Do I have to wait for the CRD investigation to finish before suing?
No. You can request an immediate right-to-sue notice from the CRD without waiting for the investigation to conclude. Once issued, your one-year window to file a civil lawsuit begins.
If you believe you have a sexual harassment claim and are concerned about your deadlines, contact Setareh Law Group for a confidential consultation. Our team represents California employees in FEHA claims and can review your specific timeline, explain your options, and help you take action before any window closes.
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
This article is general legal information about California employment law deadlines and is not legal advice. Reading this article does not create an attorney-client relationship between you and Setareh Law Group. Every case involves facts that can change the analysis, and deadlines in particular require individualized review. Do not rely on this article as a substitute for consultation with a licensed California employment attorney.
Sources and Additional Resources
Authoritative sources cited
- Government Code § 12960
- Government Code § 12965(c)(1)(C)
- Government Code § 12940(j)(4)(A)
- Equal Employment Opportunity Commission (EEOC)
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