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How long do you have to file a sexual harassment claim at work?

On Behalf of | Oct 3, 2023 | EMPLOYMENT LAW (EMPLOYEE) - Sexual Harassment

Everyone deserves a safe and conducive work environment. In fact, both employers and employees benefit from this To the employer, a conducive workplace means few work-related disputes. And to the employee, a safe and secure workplace means peace of mind to focus on the job and deliver their best. A win-win situation. 

Unfortunately, it is not uncommon for an employee to be a victim of sexual harassment at work. If this happens, you have a right to file a complaint against your employee and seek financial restitution for the resulting damages. But can you do this at your convenience?

You have a limited time to file a sexual harassment claim in Illinois

If you are sexually harassed at work, you deserve justice. However, you must act within a specific time frame known as the statute of limitations. Generally, the amount of time you have to file a claim depends on three things:

  • Whether you work for a government or a non-government agency
  • Whether you plan to file your complaint under state and local laws
  • Whether you want to file your complaint with the federal agency- the Equal Employment Opportunity Commission (EEOC). 

If you opt to file a complaint with the Equal Employment Opportunity Commission, then you must act within 300 days from the date of the incident. Likewise, if you choose to file your complaint with the state court, then you must act within 300 days from the date of the harassment. If you miss this statute of limitations, you might forfeit your right to the compensation you deserve. 

Every employer has a duty to create a safe work environment. If you are sexually harassed at work, it’s important that you take appropriate steps to pursue justice. Understanding applicable state and federal laws can help you protect your rights and interests while holding your employer liable for a work-related sexual harassment experience. 

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