Legal Question in Sexual Harassment in California

Statute of Limitation

When does the statute of limitation expire to file a civil

law suit (state and fed) if the acts were purportedly committed between 2-1-01 and 2-1-02.

And on 4-18-02 the subordinate employee filed

a claim of sexual harrassment and retaliation via the DFEH.

She also checked the box to have her claim sent to the EEOC.


Asked on 5/25/02, 12:45 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Statute of Limitation

There is something called the "continuing violation doctrine", which means that if the nature of the acts were silimar and continuous, the employee can make claims back in time even beyond the one year statute of limitations to file a cliaim with the Department of Fair Employment and Housing. She then has one year to file a civil suit after a "right to sue" letter has been issued by the DFEH. You would be well advised to see a labor law attorney quickly.

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Answered on 5/30/02, 12:15 am


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