The short version: In California, you generally have three years from the harassment to file a complaint with the Civil Rights Department (CRD). After the CRD issues a right-to-sue notice, you generally have one year from that notice to file a lawsuit. A few situations can extend those deadlines, but don't count on them. The sooner you act, the stronger your case.
Most people who've been harassed at work aren't thinking about deadlines. They're thinking about getting through the week. But California's harassment law has a clock, and if you miss it, you can lose your claim no matter how strong it is.
Step one: file with the Civil Rights Department
Before you can sue for harassment under California's Fair Employment and Housing Act, you have to file a complaint with the California Civil Rights Department (formerly the Department of Fair Employment and Housing).
The deadline is three years from the date the harassment happened (Gov. Code § 12960(e)(5)). That used to be one year. California extended it in 2020, which is one reason older articles online may give you the wrong number.
You don't have to wait for the CRD to investigate. Most people working with a lawyer ask for an immediate right-to-sue notice, which lets them go straight to court.
Step two: file your lawsuit
Once the CRD issues your right-to-sue notice, you generally have one year from the date of that notice to file a civil lawsuit (Gov. Code § 12965(c)(1)(D)).
| Step | Deadline |
|---|---|
| File a complaint with the CRD | 3 years from the harassment |
| File a lawsuit | 1 year from the right-to-sue notice |
What if the harassment went on for a long time?
Ongoing harassment is common, and it's often treated as one continuing course of conduct rather than a string of separate events. That can matter a lot for which incidents count toward your claim. It's also a question that turns on your specific facts, so talk to a lawyer before assuming older incidents are too late.
Can the deadline ever be extended?
In limited situations, yes (Gov. Code § 12960(e)(6)), including:
- Late discovery: up to 90 extra days if you first learned the facts of the violation during the 90 days after the deadline.
- Confusion over who your employer was: up to one more year in certain cases to identify the real employer.
- Minors: up to one year after turning 18.
These exceptions are narrow. Treat three years as a hard outer limit, not a goal.
What about other claims?
Harassment cases often come with other claims that have their own deadlines, like assault and battery, wage claims, or a wrongful termination claim based on public policy. Some of those deadlines are shorter. That's another reason to get advice early instead of waiting until year three.
Why waiting hurts your case
Even when you're well inside the deadline, time works against you:
- Texts and messages get deleted, and phones get replaced
- Coworkers who saw what happened quit or move away
- Memories fade, including yours
- Employers have more time to build their version of events
If you've been harassed, write down what happened today and read our guide to what counts as sexual harassment in California. Then talk to a lawyer about your timeline.
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Get help nowThis article is general information about California and federal law as of its date, not legal advice for your situation. Laws change, and the right move depends on your facts.