Legal Question in Sexual Harassment in California
Hostile Environment
I would like to know the statute of limitations in California for filing a sexual harassment charge and for filing a hostile environment charge.
My daughter was sexually asaulted by a co-worker at work (large County employer in LA); however, I'm afraid the statute of limitations for filing any action has passed.
Thank you for your help.
2 Answers from Attorneys
Re: Hostile Environment
I'm sorry. I meant to add to Mr. Nelson's answer earlier, but I must have done something wrong in trying to send it.
If your daughter was truly sexually assaulted, in addition to the usual sex harrassment type complaints, she may well have a claim against the co-worker, and possibly even the employer depending on the exact circumstances, for either sexual battery or stalking. Since the employer is a government agency, special notice requirements could apply before you could sue. The statute of limitations for this kind of suit is 2 years.
Also, your daughter may have a right to file criminal charges against the offender for sexual assault. Much depends on the nature of the behavior, but if it was a forceful kind of touching, his conduct could well be criminal.
At a miniumum, she should forcefully demand that her employer take aggressive action to address this co-worker's behavior. If it was truly a sexual assault, he should be fired.
Feel free to contact me if you have further questions.
Re: Hostile Environment
She has no more than a year to file the administrative claim, or she loses her rights. If less than that, and she has evidence of the allegations, contact me to discuss.