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EEOC deadline for sexual harassment vs retaliation?

New York, NY |

I understand the deadline to file an EEOC claim is 180 days following the last sexual harassment incident. However, in my case, I reported the harassment to HR and was terminated. In this case would the EEOC deadline be based on the date of the last harassment incident, or the date of the resulting retaliation assertion (employment termination)?

Attorney Answers 3

  1. In New York you have 300 days to file an EEOC claim. For your harassment claim, your time runs from the date of the last harassment incident. For your retaliation claim, your time runs from the date of your employment termination. While you can file an EEOC claim on your own, you may wish to retain an attorney to obtain the best possible outcome.

    The information provided above is for general purposes only. It does not constitute legal advice or create an attorney-client relationship. Seek competent legal representation, because the facts of each case are different.

  2. You have 300 days. Retaliation accrual date is the termination. Harassment can be a bit more tricky but generally the claim is measured from the last incident.

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * * * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *

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