Timeline and Deadlines for Sexual Harassment Claims & Legal Remedies and Damages for Sexual Harassment

EEOC Filing Requirements

Federal Deadlines: - 180 days in states without state civil rights agencies - 300 days in states with state civil rights agencies - Deadlines typically run from last incident of harassment - Continuing violation doctrine may extend filing period for ongoing harassment Important Timing Considerations: - File as soon as possible to preserve evidence and witness memories - Internal complaints don't stop EEOC deadline clocks - Retaliation creates new deadlines separate from original harassment - Some forms of harassment (like hostile environment) may have continuing violation periods Strategic Filing Considerations: - Consider dual filing with state agencies when beneficial - Evaluate whether to file during employment or after termination - Assess impact of filing on ongoing workplace relationships - Consider coordination with other victims filing similar complaints

State Law Variations and Enhancements

Enhanced State Protections: Many states provide broader sexual harassment protections: - California: Longer filing periods and lower employer size thresholds - New York: Expanded definitions and prohibition of NDAs in settlements - Illinois: Mandatory sexual harassment training and enhanced remedies - Washington: Comprehensive anti-harassment legislation with broader coverage Research Your State's Laws: - Identify state civil rights agency and procedures - Compare state deadlines to federal requirements - Understand state-specific definitions of sexual harassment - Research available remedies under state law - Consider strategic advantages of state versus federal filing

Available Remedies Under Federal Law

Injunctive Relief: Courts can order employers to take specific actions: - Cease all harassment and discriminatory practices - Implement or improve anti-harassment policies and training - Provide reasonable accommodations or workplace modifications - Restore employment position, seniority, or benefits - Take disciplinary action against harassers Monetary Damages: Various forms of financial compensation are available: - Back pay: Lost wages and benefits from harassment impact - Front pay: Future lost earnings when reinstatement isn't feasible - Compensatory damages: Emotional distress, pain and suffering, medical expenses - Punitive damages: Additional damages when employer acted with malice or reckless indifference - Attorney's fees: Reasonable attorney fees and costs for prevailing parties Damage Caps and Limitations: Federal law limits compensatory and punitive damages based on employer size: - 15-100 employees: $50,000 cap - 101-200 employees: $100,000 cap - 201-500 employees: $200,000 cap - 500+ employees: $300,000 cap Note: Back pay, front pay, and attorney's fees are not subject to these caps.

State Law Remedies and Enhancements

Expanded Damage Awards: Many states provide greater remedies than federal law: - No caps on compensatory or punitive damages - Additional forms of damages (dignity damages, civil penalties) - Enhanced attorney fee provisions - Broader injunctive relief options Administrative Remedies: State agencies may provide additional enforcement options: - Faster investigation and resolution processes - Administrative law judge hearings - Direct enforcement actions against employers - Coordination with other regulatory agencies