{"id":4367,"date":"2024-02-07T10:04:30","date_gmt":"2024-02-07T10:04:30","guid":{"rendered":"https:\/\/liberationlawgroup.com\/extension-of-the-statute-of-limitations-for-sexual-assault-in-the-workplace\/"},"modified":"2026-10-20T01:13:37","modified_gmt":"2026-10-20T01:13:37","slug":"extension-of-the-statute-of-limitations-for-sexual-assault-in-the-workplace","status":"publish","type":"post","link":"https:\/\/liberationlawgroup.com\/en\/extension-of-the-statute-of-limitations-for-sexual-assault-in-the-workplace\/","title":{"rendered":"Extension of the Statute of Limitations for Sexual Assault in the Workplace"},"content":{"rendered":"

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 \u2014 and in some cases, options are available even for incidents that occurred years ago.
\nMy name is Arlo Uriarte<\/strong>, employment attorney at Liberation Law Group. Call 1-888-442-2642<\/strong> or request your free consultation here<\/a>. We speak English and Spanish, and we handle these cases with absolute confidentiality.
\nCurrent Deadlines for Civil Sexual Assault Claims in California
\nFor civil sexual assault or workplace sexual harassment claims, California currently has significantly longer deadlines than in the past:
\nUnder California’s FEHA law:<\/strong> You have 3 years<\/strong> 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 \u2014 one of the most important legal changes for sexual harassment victims in recent years.
\nFor civil sexual assault claims (California Civil Code):<\/strong> You have 10 years<\/strong> 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.
\nFor sexual assault committed by an employer in a position of authority:<\/strong> Special deadlines may apply depending on the specific circumstances of the case.
\nAB 9 of 2019: The Most Important Change
\nAssembly 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.
\nThis 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.
\nHowever, it is important to understand that the 3-year deadline is not eternal \u2014 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.<\/p>\n

Do you think your deadline has passed? Consult before assuming.
\nAttorney Arlo Uriarte<\/strong> can review your situation \u2014 free, in English or Spanish, with complete confidentiality. 1-888-442-2642<\/strong> \u2014 free consultation here<\/a>.<\/p>\n

What Happens if the Deadline Has Already Passed?
\nIf 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:
\n“Delayed discovery”:<\/strong> In some cases, the deadline begins when the victim discovered \u2014 or reasonably should have discovered \u2014 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.
\nContinuing acts:<\/strong> If the harassment or assault was part of a continuing pattern, the deadline may begin from the most recent act, not from the first.
\nEmployer conduct to conceal the facts:<\/strong> If the employer took active steps to cover up the assault \u2014 pressuring the victim not to speak, destroying evidence, or threatening retaliation \u2014 that can toll the deadline.
\nThe Federal Law of 2022 and Deadlines
\nThe 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 \u2014 instead of to private arbitration \u2014 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<\/a> and why sexual harassment claims are no longer subject to forced arbitration<\/a>.
\nVictims of Workplace Sexual Assault in Northern California
\nThe workplace sexual assault cases we handle at Liberation Law Group come from across the region: agricultural fields in Monterey County<\/a> and Watsonville<\/a>, private homes in Marin County<\/a> and San Mateo County<\/a>, restaurants and hotels in Napa Valley<\/a> and Santa Rosa<\/a>, and construction sites throughout San Francisco and Solano County<\/a>.
\nWe 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.<\/p>\n

Don’t assume it’s too late \u2014 consult today.
\nCall 1-888-442-2642<\/strong> to speak with attorney Arlo Uriarte<\/strong>. Free evaluation in English or Spanish<\/a> \u2014 confidential.<\/p>\n

Frequently Asked Questions \u2014 Deadlines to Sue for Workplace Sexual Assault<\/p>\n

How long do I have to sue for workplace sexual harassment in California?
\nSince 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<\/strong>.<\/p>\n

What changed with AB 9 of 2019?
\nAB 9 tripled the deadline for filing harassment and discrimination complaints with the California Civil Rights Department \u2014 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<\/strong> to evaluate whether it applies to your situation.<\/p>\n

Can my deadline have been suspended or extended?
\nYes, 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<\/strong>.<\/p>\n

Does an arbitration agreement affect the deadlines?
\nArbitration agreements do not change legal statutes of limitations \u2014 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.<\/p>\n

Can I sue even if the assailant no longer works at the company?
\nYes. Your lawsuit is primarily against the employer \u2014 the company \u2014 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<\/strong>.<\/p>\n

What if the incident was not reported at the time?
\nNot reporting at the time does not eliminate your legal rights \u2014 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 \u2014 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<\/strong>.<\/p>\n

What can a workplace sexual assault victim recover?
\nIn 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 \u2014 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<\/strong>.<\/p>\n

Does Liberation Law Group handle these cases confidentially?
\nAbsolutely. 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<\/strong> \u2014 the conversation is completely private.<\/p>\n

Don’t Assume It’s Too Late \u2014 Consult Today
\nBefore assuming your deadline has passed, talk to an attorney. You have options you may not know about. Call 1-888-442-2642<\/strong> or complete our free form<\/a>. Attorney Arlo Uriarte<\/strong> is ready \u2014 in English or Spanish, at no cost, with complete confidentiality.<\/p>\n

Liberation Law Group \u2014 Attorneys for Workers
\n2760 Mission Street 2nd floor, San Francisco, CA 94110
\n1-888-442-2642<\/strong>
\nFree Consultation in English or Spanish \u2014 No Obligation \u2014 No Payment Unless We Win<\/a><\/p>\n

{“@context”:”https:\/\/schema.org”,”@type”:”FAQPage”,”mainEntity”:[{“@type”:”Question”,”name”:”How long do I have to sue for workplace sexual assault?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”3 years under FEHA from the most recent act. For civil sexual assault claims: up to 10 years. Consult before assuming your deadline has expired.”}},
\n {“@type”:”Question”,”name”:”What changed with AB 9 of 2019?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”The deadline for complaints with California CRD tripled \u2014 from 1 year to 3 years. Victims who previously lost their opportunity may have new options.”}},
\n {“@type”:”Question”,”name”:”Can my deadline be suspended?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Yes. If there was concealment, continuing pattern of harassment, or delayed discovery. An attorney can evaluate whether it applies to your case.”}},
\n {“@type”:”Question”,”name”:”Does the arbitration agreement change the deadlines?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”No. Deadlines are the same. The 2022 law only opens the option to go to public court \u2014 it does not change statutes of limitations.”}},
\n {“@type”:”Question”,”name”:”Can I sue if the assailant no longer works there?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Yes. The lawsuit is against the employer. The fact that the assailant left does not eliminate company liability.”}},
\n {“@type”:”Question”,”name”:”What if I did not report at the time?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”It does not eliminate your rights. In supervisor cases, liability is automatic. There are ways to build the case without initial reporting.”}},
\n {“@type”:”Question”,”name”:”What can a victim recover?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Lost wages, emotional damages, medical costs, punitive damages, attorney fees. Serious cases can be worth substantial amounts.”}},
\n {“@type”:”Question”,”name”:”Is a consultation with Liberation Law Group confidential?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Absolutely. Full attorney-client privilege. We do not share anything with government agencies. Your immigration status either.”}}]}<\/p>\n","protected":false},"excerpt":{"rendered":"

California extended the deadline to sue for workplace sexual assault. Learn about AB 9, the 10-year window, and how to know if your case still has time. Free 24\/7 consultation.<\/p>\n","protected":false},"author":1,"featured_media":4372,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[811],"tags":[803,743,733,731,809,753,804,761,808,810],"class_list":["post-4367","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-labor-news","tag-attorney-for-victims-of-sexual-assault-in-the-workplace","tag-labor-attorney","tag-labor-law-lawyer","tag-labor-lawyer","tag-lawyer-lawsuit-sexual-abuse-work","tag-sexual-abuse-work","tag-sexual-assault","tag-sexual-assault-at-work","tag-workplace-sexual-assault","tag-workplace-sexual-harassment-lawyer"],"_links":{"self":[{"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/posts\/4367","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/comments?post=4367"}],"version-history":[{"count":0,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/posts\/4367\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/media\/4372"}],"wp:attachment":[{"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/media?parent=4367"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/categories?post=4367"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/tags?post=4367"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}