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Is there a stature of limitation on filing with the EEOC for sexual harassment?

Schaumburg, IL |

An EEOC of sexual harassment was filed from November 2008, is that claim within the state of illinois stature of limitations ?

Attorney Answers 3


  1. The EEOC says contact them in 45 days from the date of discrimination. The they do an investigation and if they can solve it by counselling in 90 days (unless your complaint is dismissed) then there may be a hearing and a ruling in 180 days.

    Your time to act was in 2008.


  2. Depends if the sexual harassment was ongoing. More facts need to be uncovered.


  3. I'm going to give you the best answer:

    The statute of limitations for an EEOC filing on a charge of sexual harassment is 300 days from the date of the harassing act.

    Whether the claim you are asking about was timely filed depends on when the harassment took place and on the number of employees at the place of employment. There must be 15 or more employees in order to be able to file charges of sexual harassment at the EEOC. If there are less than 15 employees, the charge can only be filed in the Illinois Dept. of Human Rights.

    If the harassment you are concerned with took place within 300 days before the 2008 filing, then it is likely timely.

    Note: if some harassing conduct took place within the 300 days, but some was earlier, the conduct that occurred longer than 300 days before filing is likely barred from damage suit as untimely, although in some circumstances evidence of such "older" conduct will be admissible to establish the conduct of the defendant[s] over time. In other words, the complaining party may not be able to recover compensation for it, but it might be allowed as evidence regarding the more current and timely-filed harassing conduct.

    J. Malkinson