EEOC deadline for sexual harassment vs retaliation?

Asked over 1 year ago - 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. Alix R. Rubin

    Contributor Level 13

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    Lawyers agree

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    Answered . 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... more
  2. Ryan M. Finn

    Pro

    Contributor Level 13

    4

    Lawyers agree

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    Answered . 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... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

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