The sexual harassment statute of limitations in California depends on what kind of claim you have. For workplace harassment, you have three years from the date of the last harassing act to file an administrative complaint with the California Civil Rights Department (CRD), and one year from the date on your Right to Sue notice to file a lawsuit in court.1California Legislative Information. California Government Code 12960 – Unlawful Practices For sexual assault, you generally have ten years. For a federal charge with the EEOC, you have 300 days. And two revival windows for older assault claims are closing in 2026 and 2027, so if your case sat dormant for years, the calendar matters now.
Three Years to File With the Civil Rights Department
Workplace sexual harassment in California is governed by the Fair Employment and Housing Act (FEHA). Under Government Code Section 12960, you have three years from the date of the last act of harassment to file an administrative complaint with the CRD.1California Legislative Information. California Government Code 12960 – Unlawful Practices Before 2020, that window was only one year, so anyone whose harassment ended before then should confirm the current rule with a lawyer.
The CRD complaint is the gateway. You cannot skip it and go straight to court for a workplace harassment claim. Miss the three-year deadline and no California court will hear the case.2California Civil Rights Department. Complaint Process
One point that surprises people: for harassment claims, FEHA’s definition of “employer” reaches any person or entity that regularly employs at least one worker.3California Legislative Information. California Government Code 12940 – Unlawful Practices and Practices Very small employers are covered. Unpaid interns, volunteers, and independent contractors are also protected.
One Year to File in Court After the Right to Sue Notice
Once the CRD issues your Right to Sue notice, a new clock starts. You have exactly one year from the date on that notice to file a civil lawsuit in California Superior Court.4California Legislative Information. California Government Code 12965 Miss it and the courthouse closes on the employment claim.
You have two ways to get the notice. You can request an immediate Right to Sue when you file, which means the CRD will not investigate your case at all.5California Civil Rights Department. Obtain a Right to Sue Or you can let the agency investigate. If the CRD does not file its own lawsuit within 150 days, you can ask for the notice then. Otherwise the CRD issues it automatically when it finishes investigating, or no later than one year after your complaint was filed.4California Legislative Information. California Government Code 12965
When the Clock Can Pause
While the CRD Is Investigating
Under Government Code Section 12960(f), the clock for filing a civil lawsuit is paused from the moment you file your CRD complaint until either the department files its own lawsuit or one year after it tells you it closed the investigation without suing.6California Legislative Information. California Government Code 12960 – Unlawful Practices> If you appeal a closure inside the CRD, tolling continues through the appeal. This does not revive claims that had already expired before you filed.
Minors and People Without Legal Capacity
If the harassment happened when you were under 18, the filing period does not start until your 18th birthday. A similar pause applies if you lacked the legal capacity to manage your own affairs because of a mental health condition or other significant incapacity; the clock starts when that status ends.7California Courts. Deadlines to Sue Someone – Section: In Some Cases, the Deadline Can Be Extended
Delayed Discovery
In some situations the clock starts on the date you reasonably should have discovered that the conduct caused you harm, not on the date of the harassment itself. Courts apply this rule strictly and want clear evidence, such as medical records or expert testimony, showing why the delay was reasonable.
Ongoing Harassment: The Continuing Violation Doctrine
When harassment plays out over years, some incidents may sit outside the three-year window while more recent ones sit inside it. The continuing violation doctrine can bring the older incidents into your case if you show that the earlier conduct was similar to the harassment within the three-year period, that it happened with reasonable frequency, and that it had not yet become “permanent” before the filing window opened.8Justia. CACI No. 2508 – Failure to File Timely Administrative Complaint In this context, “permanent” means the harassment stopped, you resigned, or the employer signaled that internal complaints were pointless. The doctrine matters most for hostile work environment claims, where the harm builds cumulatively rather than from a single event.
Ten Years for Sexual Assault Civil Lawsuits
Sexual assault claims run on a different, much longer clock. Under Code of Civil Procedure Section 340.16, you can file a civil lawsuit within 10 years of the last assault, or within three years of the date you discovered (or reasonably should have discovered) that you were injured by the assault, whichever is later.9California Legislative Information. California Code of Civil Procedure 340.16 This applies to assaults that occurred on or after the survivor’s 18th birthday.
A criminal case is not required. You can sue for damages regardless of whether the perpetrator was ever charged, and you can name entities beyond the individual attacker if they bear legal responsibility.
Revival Windows Closing in 2026 and 2027
California has opened two limited windows that let survivors file lawsuits even after the original deadlines passed. Both are time-limited, and if either applies to you, the calendar is tight.
General Revival Window Through December 31, 2026
For sexual assaults that occurred on or after January 1, 2009, previously time-barred claims are revived and can be filed through December 31, 2026.9California Legislative Information. California Code of Civil Procedure 340.16 Claims already litigated to a final judgment or settled in writing before January 1, 2023 are not revived.
Cover-Up Revival Window: January 1, 2026 Through December 31, 2027
A separate provision revives claims where an entity helped conceal the assault. If the perpetrator’s employer, organization, or another entity engaged in a cover-up, previously expired claims can be filed between January 1, 2026 and December 31, 2027.10California Legislative Information. California Code of Civil Procedure 340.16 A “cover-up” under the statute means a deliberate effort to hide evidence of the assault, including the use of nondisclosure or confidentiality agreements that kept victims silent. This window covers claims against both the entity that concealed the assault and the perpetrator, but it does not revive claims already litigated to a final judgment or settled in writing before January 1, 2026.
Harassment Outside the Workplace
Sexual harassment does not always happen at work. California Civil Code Section 51.9 covers harassment inside professional and business relationships, including those with doctors, therapists, attorneys, landlords, teachers, financial advisors, real estate agents, elected officials, and directors or producers.11California Legislative Information. California Civil Code 51.9 Relationships “substantially similar” to those examples also qualify. Claims under Section 51.9 can be filed through the CRD and follow the same three-year administrative deadline.1California Legislative Information. California Government Code 12960 – Unlawful Practices
300 Days for a Federal EEOC Charge
You can also pursue a claim at the federal level through the Equal Employment Opportunity Commission under Title VII of the Civil Rights Act. Because California has its own civil rights agency, the federal filing deadline stretches from 180 days to 300 calendar days from the last incident of harassment.12U.S. Equal Employment Opportunity Commission. Time Limits For Filing A Charge Weekends and holidays count toward the 300-day total, but if the deadline lands on a weekend or holiday, you get the next business day.
A single complaint can preserve both state and federal rights. Filing with either the CRD or the EEOC can trigger “dual filing” with the other agency through worksharing agreements.13U.S. Equal Employment Opportunity Commission. Fair Employment Practices Agencies (FEPAs) and Dual Filing Because the state three-year deadline is far more generous than the federal 300-day window, filing with the CRD early is the safer approach. Wait longer than 300 days and you may keep the state claim but lose the federal one.
What Happens If You Miss the Deadline
Statutes of limitations are hard cutoffs. Once the applicable window closes, no court will hear the case, regardless of how strong the underlying facts are. The three tolling rules above are the main exceptions, and each one requires proof. If your last incident is anywhere near a deadline, or you think a revival window might apply, contact an employment or civil rights attorney now rather than close to the date; even filing an administrative complaint requires time to gather names, dates, and documents.