Statutes of Limitations for Employees Filing a Sexual Harassment Claim in Philadelphia, PA
If you suspect you’ve been a victim of sexual harassment in your Philadelphia workplace, there a few reasons you should pursue legal action right away. First, you want to get the whole ordeal behind you. The sooner you contact an attorney, the sooner you can move on from this traumatic ordeal. Secondly, if you wait too long, you might forfeit your right to file a lawsuit or bring a charge to the Equal Employment Opportunity Commission (EEOC). There are a few things you should know about Statutes of Limitations for Philadelphia sexual harassment cases – so you don’t lose your right to get justice. If you have questions, please reach out to a Philadelphia sexual harassment attorney at our firm.Timeline for Filing a Charge With the EEOC
If your employer violated Title VII of the 1964 Civil Rights Act – in other words, if he or she violated federal law – your Philadelphia harassment attorney may first bring your case to the EEOC. You cannot file a sexual harassment lawsuit in federal court without first going to the EEOC.
However, the timelines are strict. You only have 300 days from the date of the harassment to bring a charge to the EEOC, in most cases. If the harassment occurred during a prolonged period of time, you have 300 days from the date of the last act of harassment to file a charge.
180 days is about six months, which does not give you much time. However, if you miss the six-month mark, you might still have options.Timeline for Filing a Lawsuit in Pennsylvania State Court
If your Philadelphia employer violated Pennsylvania Human Relations Act – in other words, if he or she violated state law – your attorney will most likely bring to the Pennsylvania Human Relations Commission (PHRC). You cannot file a lawsuit in Pennsylvania state without first bringing the case to the PHRC.
However, you have 300 days from the date of the sexual harassment to bring a claim to the PHRC. So, this is a good option if you missed the EEOC deadlines. 300 days is about nine months. Additionally, Pennsylvania state law covers all employers with four or more employees. Federal law only covers employers with 15 or more employees. So, if your employer has between four and 15 employees, you’ll want to bring the case to the PHRC.
There are exceptions to the rule in both instances, so be sure to consult with our Philadelphia sexual harassment lawyer before taking action.
The Pennsylvania sexual harassment attorneys at the Arcé Law Group offered skilled, comprehensive, and compassionate representation for clients in Philadelphia, PA. Please call today at (215) 239-3036 to arrange your free consultation.
By Bryan Arcé | Published August 10, 2015