One of the most frequent questions we receive from victims of sexual assault at work is: “Is it too late to sue?” The answer, more often than most expect, is no. California has significantly expanded the deadlines for filing civil claims for workplace sexual assault — and in some cases, options are available even for incidents that occurred years ago.
My name is Arlo Uriarte, employment attorney at Liberation Law Group. Call 1-888-442-2642 or request your free consultation here. 24/7 in English and Spanish — we handle these cases with absolute confidentiality.
Current Deadlines for Civil Sexual Assault Claims in California
For civil sexual assault or workplace sexual harassment claims, California currently has significantly longer deadlines than in the past:
Under California’s FEHA law: You have 3 years from the most recent act of harassment or sexual assault to file a civil complaint. This deadline was extended from 1 year to 3 years under AB 9 of 2019 — one of the most important legal changes for sexual harassment victims in recent years.
For civil sexual assault claims (California Civil Code): You have 10 years from the assault or until the victim turns 40 (whichever is later) to file a civil claim. For victims who were minors at the time of the assault, deadlines are even more extended.
For sexual assault committed by an employer in a position of authority: Special deadlines may apply depending on the specific circumstances of the case.
AB 9 of 2019: The Most Important Change
Assembly Bill 9, signed in 2019 and effective from 2020, tripled the deadline for filing harassment and discrimination complaints with the California Civil Rights Department (formerly DFEH). The deadline went from 1 year to 3 years from the most recent discriminatory or harassing act.
This is especially important for sexual harassment victims who needed time to process what happened to them, who feared the consequences of reporting, or who did not know their rights at the time of the assault. Three years is a significantly longer window to make the decision to act.
However, it is important to understand that the 3-year deadline is not eternal — and starting the legal process sooner is always better. Evidence is fresher, witnesses remember better, and you have more strategic options available the sooner you act.
Do you think your deadline has passed? Consult before assuming.
Attorney Arlo Uriarte can review your situation — free, in English or Spanish, with complete confidentiality. 1-888-442-2642 — free consultation here — 24/7.
What Happens if the Deadline Has Already Passed?
If the statute of limitations has already expired for your specific case, there is nothing to do in direct civil terms. But before assuming your deadline has passed, consult with an attorney. There are several reasons why the deadline may not have started running yet, or may have been suspended:
“Delayed discovery”: In some cases, the deadline begins when the victim discovered — or reasonably should have discovered — that the harm was caused by the assailant’s conduct. This can be relevant when the victim initially did not fully understand the illegal nature of what happened.
Continuing acts: If the harassment or assault was part of a continuing pattern, the deadline may begin from the most recent act, not from the first.
Employer conduct to conceal the facts: If the employer took active steps to cover up the assault — pressuring the victim not to speak, destroying evidence, or threatening retaliation — that can toll the deadline.
The Federal Law of 2022 and Deadlines
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022 does not change the statutes of limitations, but it does eliminate an important barrier: now victims can choose to go to court with a jury — instead of to private arbitration — regardless of what the arbitration agreement they signed says. This means more victims have access to public courts within the existing deadlines. Read about your rights against workplace sexual harassment and why sexual harassment claims are no longer subject to forced arbitration.
Victims of Workplace Sexual Assault in Northern California
The workplace sexual assault cases we handle at Liberation Law Group come from across the region: agricultural fields in Monterey County and Watsonville, private homes in Marin County and San Mateo County, restaurants and hotels in Napa Valley and Santa Rosa, and construction sites throughout San Francisco and Solano County.
We handle all these cases with absolute confidentiality, with the respect every victim deserves, and with the legal knowledge necessary to maximize compensation within the available deadlines.
Don’t assume it’s too late — consult today.
Call 1-888-442-2642 to speak with attorney Arlo Uriarte. Free evaluation in English or Spanish — confidential — 24/7.
Frequently Asked Questions — Deadlines to Sue for Workplace Sexual Assault
How long do I have to sue for workplace sexual harassment in California?
Since 2020, you have 3 years from the most recent act of sexual harassment to file a complaint with the California Civil Rights Department (CRD) under FEHA. For direct civil sexual assault claims under the Civil Code, the deadline can be up to 10 years from the assault. For victims who were minors at the time of the assault, deadlines are even more extended. If you do not know exactly which deadline applies to your situation, a free consultation can clarify it. Call 1-888-442-2642.
What changed with AB 9 of 2019?
AB 9 tripled the deadline for filing harassment and discrimination complaints with the California Civil Rights Department — from 1 year to 3 years. This was one of the most important legal changes for sexual harassment victims in California in recent years. It means victims who previously had “lost” their opportunity because they waited more than a year may now have options. The law took effect January 1, 2020. Call 1-888-442-2642 to evaluate whether it applies to your situation.
Can my deadline have been suspended or extended?
Yes, in certain circumstances. The deadline can be tolled if the employer took active steps to cover up the assault, if the victim suffered a psychological condition that prevented her from acting, or if the harassment was part of a continuing pattern (in which case the deadline runs from the most recent act). The “delayed discovery” doctrine may also apply if the victim did not fully understand the illegal nature of what happened until later. An attorney can evaluate whether any of these circumstances apply to your situation. Call 1-888-442-2642.
Does an arbitration agreement affect the deadlines?
Arbitration agreements do not change legal statutes of limitations — the time to act is the same regardless of whether the case goes to arbitration or court. What the 2022 federal law changed is that sexual assault and harassment victims can now choose to go to public court regardless of the arbitration agreement. This opens up the option of jury trial for more victims. The deadlines, however, remain the same.
Can I sue even if the assailant no longer works at the company?
Yes. Your lawsuit is primarily against the employer — the company — not just the individual assailant. The employer can be liable for assault committed by an employee if they knew or should have known about the behavior, if they failed to take corrective action, or if the assailant was a supervisor (in which case employer liability is automatic). The fact that the assailant was fired or resigned does not eliminate employer liability for what happened during employment. Call 1-888-442-2642.
What if the incident was not reported at the time?
Not reporting at the time does not eliminate your legal rights — but it can affect some aspects of your case. In cases involving supervisors, employer liability is automatic regardless of whether you reported. In coworker cases, reporting is more important to establish that the employer knew. However, even without a report, there are ways to build the case — victim testimony, the assailant’s pattern of behavior, and testimony from other people who experienced similar situations. Do not assume that because you did not report you have no case. Call 1-888-442-2642.
What can a workplace sexual assault victim recover?
In California, compensation may include: lost wages if you left the job as a result of the assault, emotional damages for trauma, PTSD, anxiety, and depression — which can be very significant, costs of psychological and medical treatment related to the assault, punitive damages if the conduct was especially severe or if the employer actively covered up the situation, and attorney’s fees paid by the employer in successful cases. In cases of severe sexual assault with documented emotional damages, compensation can be substantial. Call 1-888-442-2642.
Does Liberation Law Group handle these cases confidentially?
Absolutely. We handle all sexual assault and harassment cases with total confidentiality under attorney-client privilege. We do not share information with any government agency or with third parties without your explicit consent. We understand the difficulty of speaking about these experiences and we create an environment of respect and support from first contact. If you are an undocumented worker, your immigration status is also not shared. Call 1-888-442-2642 — the conversation is completely private.
Don’t Assume It’s Too Late — Consult Today
Before assuming your deadline has passed, talk to an attorney. You have options you may not know about. Call 1-888-442-2642 or complete our free form. Attorney Arlo Uriarte is ready — in English or Spanish, at no cost, with complete confidentiality, 24/7.
Liberation Law Group — Attorneys for Workers 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
Free Consultation in English or Spanish — No Obligation — No Payment Unless We Win
