How to File a Sexual Harassment Complaint at Work
Sexual harassment at work is a form of sex discrimination, and federal and state laws give employees a set path to challenge it: report inside the company, file a charge with a government agency, then sue if needed. The agency deadlines are short, sometimes 180 days, and missing one can end the federal claim. This guide explains each step, the deadlines, and two newer federal laws that protect your right to go to court and to speak about what happened.
What happens when you reach out
- You tell us what happenedSend the short form or call. It takes about a minute, and you share only what you are comfortable with.
- A claim specialist reviews itWe look at your deadlines, the insurer or agency involved, and the records your claim will need.
- We call you backUsually the same day, to explain your options. There is no cost and no obligation.
Prefer to talk now? Call (833) 333-0905 or text 954-933-5065.
Tell us what is happening at work
A claim specialist reviews it privately and calls you back, usually the same day. Your employer is not contacted.
Legal Lawsuit is not a law firm. Contacting us does not create an attorney-client relationship.
On this page
What counts as sexual harassment
Under Title VII of the Civil Rights Act, which covers employers with 15 or more employees, including state and local governments, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature are unlawful when they (EEOC):
- explicitly or implicitly affect your job, such as a promotion, raise, schedule or keeping your job, or
- create an intimidating, hostile or offensive work environment
The harasser can be a supervisor, co-worker, client or customer, and can be of any sex. Many state laws cover smaller employers too; California's law, for example, protects against harassment at employers of any size.
The complaint process, step by step
Write it down as it happens
Keep a private log of each incident: date, time, what was said or done, and who saw it. Save texts, emails and chat messages to a personal device or account, following any rules about company data.
Report inside the company
Follow the harassment policy in your handbook, and report in writing to HR or the person the policy names. Keep a copy. A written report shows when the employer knew.
File a charge with the EEOC or state agency
For most federal and state claims you must file with the EEOC or your state's civil rights agency before you can sue. A charge filed with one is often treated as filed with the other.
The agency investigates or issues a right-to-sue notice
The agency may investigate, offer mediation, or close the file and issue a Notice of Right to Sue.
Sue within 90 days of the notice
A federal lawsuit must be filed within 90 days of receiving the EEOC's Notice of Right to Sue (EEOC).
Agency deadlines
| Agency | Deadline to file | Source |
|---|---|---|
| EEOC (federal) | 180 calendar days from the harassment, extended to 300 days if a state or local agency enforces a law against the same kind of discrimination | EEOC |
| California Civil Rights Department | Submit an intake form within three years of the date you were last harmed | CRD |
| Florida Commission on Human Relations | 365 days from the alleged violation | Fla. Stat. §760.11(1) |
With ongoing harassment, the deadline is generally measured from the most recent incident, but older incidents are safest when reported promptly.
What a claim can recover
A successful claim can include back pay and lost benefits, reinstatement or front pay, and compensatory damages for emotional harm and out-of-pocket costs. Under federal law, compensatory and punitive damages together are capped by employer size (EEOC):
Combined cap on compensatory and punitive damages.
Combined cap on compensatory and punitive damages.
Combined cap on compensatory and punitive damages.
Combined cap on compensatory and punitive damages.
Back pay is not subject to these caps, and some state laws, including California's, do not cap damages the same way. Physical or sexual assault at work can also support separate claims against the person who did it.
Arbitration and NDAs: two federal laws
Forced arbitration. Many employment contracts require arbitration. Since March 3, 2022, no predispute arbitration agreement or class-action waiver is valid or enforceable in a sexual harassment or sexual assault case if the employee elects to go to court (Pub. L. 117-90).
Nondisclosure and nondisparagement clauses. Under the Speak Out Act, signed December 7, 2022, a nondisclosure or nondisparagement clause agreed to before a sexual harassment or sexual assault dispute arises is not judicially enforceable for that dispute (Pub. L. 117-224). Confidentiality terms in a settlement signed after the dispute are a separate matter.
Retaliation
It is unlawful to retaliate against someone for reporting harassment, filing a charge or taking part in an investigation (EEOC). Retaliation can include firing, demotion, schedule cuts, poor reviews that appear after a complaint, or being shut out of work. Retaliation is a separate claim and is often easier to prove than the harassment itself, so document any change in treatment after you report.
If you were physically hurt at work, a workers' compensation claim may also apply; see our workers' comp claim guide.
Common questions
Do I have to quit to make a claim?
No. You can report and file a charge while still employed, and the law protects you from retaliation for doing so.
What if HR did nothing?
An employer that knew or should have known about co-worker harassment and failed to take prompt action can be responsible. Keep your written reports and any replies.
I signed an NDA or arbitration agreement. Can I still come forward?
Often, yes. The two federal laws above limit predispute arbitration agreements and NDAs in sexual harassment and assault cases.
Is the claim review confidential?
Yes. It is free and private, and your employer is not contacted unless you decide to move forward.
Not sure whether your deadline is 180 or 300 days?
Call (833) 333-0905 any time, or send the short form. A claim specialist will check which agency and deadline apply to you.
Legal Lawsuit is an information and claim-review service, not a law firm, and does not provide legal advice. Contacting us does not create an attorney-client relationship. Deadlines and coverage vary by state and change over time; confirm what applies to you with the agency or a licensed attorney. Legal Lawsuit and TortAdvisor are under common ownership.
