Legal Question in Sexual Harassment in California

Filing Time Limit

EEOC allows 300 days to submit complaint. DEFH allows 1 year. I believe the time of harassment was during the month of March, 2002. The reason I'm not completely clear is because I have been on medication. For over two years now I have been on either Paxil, then Prozac, now Celexa. I also take Lotensin, Atenolol, and Prilosec. This is all due to a hostile work place. I have so much to tell. I am no longer afraid to lose my job. I have been on STD, which just turned into LTD. I have been diagnosed with a Stress and Anxiety disorder. I want to fight this. Is it to late? Please help. Thank you


Asked on 7/17/03, 4:02 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Filing Time Limit

The statutes of limitation is jurisdictional, meaning that the delay in filing a complaint cannot be excused due to medical reasons. If you were to bring a claim, you will have to be fairly certain about the details, including the timing of the events to be a credible witness. Try relating the harassment to other events that occurred at the time and ask others you may have talked to about it in order to resurrect the timeline. If you cannot, you will have a very difficult time pursuing this matter.

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Answered on 7/24/03, 9:37 pm


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