Statute of Limitations on Workplace Harassment
If you are being subjected to workplace harassment, document the details of the possible harassment and when you believe it first began. The filing of a workplace harassment claim is time sensitive and there is a statute of limitations on when you can file your claim.
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Time Limit
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Filing a workplace harassment claim with the Equal Employment Opportunity Commission (EEOC) is governed by a strict filing deadline of 180 days, beginning from the actual date of the alleged violation. Make certain you follow your employer's workplace process for reporting harassment and discrimination claims.
Hostile Work Environment
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Although, workplace harassment can take several forms, such as gender, race, age, sexual and place or national origin, there are no official, federal hostile work environment laws or hostile workplace laws. Still, courts have determined that a hostile work environment which gives rise to employee harassment is prohibited by law and, "the prohibited conduct must be must be intentional, severe and recurring."
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Impartial Complaint Process
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The EEOC strongly suggests employers have a responsibility to provide employees with an impartial employee chain of command and designate an impartial person to take harassment complaints to. Be mindful that while isolated incidents of harassment generally do not violate federal law, employers should, exercise a duty of preventive care,and reassure employees that it will stop harassment.
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References
- EEOC: Federal Laws Prohibiting Job Discrimination Q&As:
- HRhero: Title VII of the Civil Rights Act of 1964 - Title VII:
- Employee Issues: Hostile Work Environment:
- EEOC: Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors:
- Employment Law firms: Time Limits for Filing a Charge of Discrimination:
