Knowing the statute of limitations for sexual harassment claims is key to filing a case.
These deadlines are strict, and missing them can mean losing your chance to take legal action, so the sooner you act, the better. Delays can make it harder to gather evidence and build a strong case.
At Shields Petitti & Zoldan, PLC, we want to ensure you don’t miss your window to seek justice. If you’ve faced sexual harassment at work, understanding these time limits is the first step in protecting your rights. Read on to learn more about the statute of limitations for sexual harassment in Arizona and how we can help protect your rights.
Federal Claims v. State Claims: What’s the Difference?
When filing a sexual harassment claim, it’s important to understand which laws apply to your situation. Federal and state laws can impact the timeframe you have to file, depending on who your employer is and the specifics of your case.
On the federal level, sexual harassment claims fall under Title VII of the Civil Rights Act of 1964, which applies to employers with 15 or more employees. If your employer meets this threshold, you can file a claim with the Equal Employment Opportunity Commission (EEOC). The deadline to file with the EEOC is 180 days from the date of the harassment.
However, the EEOC allows for dual filing, which means you can file a claim with the EEOC and the Arizona Civil Rights Division (ARCD). If you do this, the EEOC deadline is extended to 300 days. Dual filing aims to protect your claim under federal and state law. While you only need to submit one complaint, the agencies will determine which laws apply and handle the case accordingly.
This can be useful if you’re unsure whether your case is stronger under federal or state law.
Here’s a quick breakdown:
- Federal law—180-day deadline, extended to 300 days if filed with ACRD; and
- Arizona law—180-day deadline for claims.
Missing these deadlines could mean forfeiting your right to pursue a claim, so acting quickly is crucial. Make sure you seek the advice of an experienced employment law attorney as soon as possible.
Statute of Limitations in Arizona Law
Under the Arizona Civil Rights Act, the statute of limitations for sexual harassment claims for individuals who experience such harassment in the workplace is 180 days from the date of the last incident to file a claim with the ACRD. If you fail to file within this timeframe, you may lose your right to seek legal recourse.
The 180-day window begins on the date of the last act of harassment.
Extending a Statute of Limitations
Certain situations may allow for extended deadlines when filing a sexual harassment claim. As mentioned above, you can extend your filing window through dual filing with the EEOC and the ACRD, increasing the federal filing deadline from 180 days to 300 days.
Another factor that may extend the timeframe is the concept of continuing violations, where harassment occurs over a period of time. In such cases, the statute of limitations may start from the date of the most recent incident rather than the first, allowing victims of ongoing harassment more flexibility in filing their claims.
What Happens If You Miss the Deadline?
Missing the deadline to file a sexual harassment claim can have serious consequences. If you don’t file within the statute of limitations, you may lose the ability to pursue your case under federal and state law. Courts and agencies enforce these deadlines strictly, meaning late claims are usually dismissed. Here’s what could happen.
- Loss of legal recourse—you may forfeit the chance to recover damages or seek justice; and
- Claim dismissal—agencies like the EEOC or ACRD may reject your case.
In rare cases, equitable tolling may apply, allowing you to file after the deadline. This exception typically only applies if you were unaware of the harassment or prevented from filing due to extraordinary circumstances.
Filing a sexual harassment claim can feel overwhelming, especially with strict deadlines in place. It’s important to understand your rights and the statute of limitations on sexual harassment in the workplace so that you don’t miss your opportunity to seek justice. If you’re unsure about the timeframe for your claim or need guidance, contact us as soon as possible.
At Shields Petitti & Zoldan, PLC, we have over five decades of combined experience advocating for Arizona employees. Our team is dedicated to protecting your rights and ensuring you meet all filing requirements. Contact us today to discuss your situation and learn how we can help.
Attorney Michael Zoldan provides legal counsel to individuals and small businesses throughout Arizona. Mr. Zoldan’s practice is based on aggressive and detail-oriented representation, focusing on employment discrimination, wage and hour disputes, harassment, and wrongful termination. Prior to forming Shields Petitti & Zoldan, Mr. Zoldan worked for numerous law firms where he had an opportunity to hone his litigation skills by working on multiple litigation cases at a time with some of the most skilled litigators in the state.
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