Sexual Harassment Statute of Limitations

Miss the Deadline, Miss Your Chance to File

If you're thinking about filing a sexual harassment claim, the clock is already ticking. You only have so long to act, and waiting too long could mean losing your right to take legal action. Statutes of limitations are strict and unforgiving.

In New York, you now have up to three years to file a sexual harassment claim under the state’s Human Rights Law. That’s a recent change. Before 2019, it was only one year. If you’re filing through the Equal Employment Opportunity Commission (EEOC), though, the federal window is shorter: 180 days from the date of the incident, or 300 days if your state has its own agency. These deadlines aren’t flexible, and if you miss them, you’re likely out of luck.

If you’re in New Jersey, New Hampshire, Maine, and Vermont, the deadlines can be even tighter. Some require you to report within 180 days. Others extend up to 300 days or one year, but the variation can trip people up fast. That’s why our employment law attorneys at Horn Wright, LLP, handle cases across all four states with attention to every detail.

Time Limits for Different Types of Claims

Not every case follows the same rulebook. The deadline to act depends on who you’re filing with, what kind of employer you’re dealing with, and which laws apply.

• New York State Division of Human Rights (NYSDHR). You have 3 years to file under the New York Human Rights Law. This applies to private employers of all sizes.
• Equal Employment Opportunity Commission (EEOC). You must file within 180 days of the harassment or 300 days if state law also covers the misconduct. This is a federal claim.
• Retaliation claims. If your employer punished you for reporting harassment, the clock may reset or extend, depending on when the retaliation occurred.
• Unionized employees. Some workplace contracts might impose shorter deadlines for internal grievance filings, even before you get to an agency.

You don’t want to assume you have more time than you do. Even if you’re unsure whether what happened qualifies as harassment, it’s better to get advice early.

The Date That Starts the Clock

So when does the statute of limitations actually start? In most cases, it’s the date the harassment occurred or the last date in a pattern of ongoing behavior. But there are exceptions, and that’s where things get tricky.

In a single incident, the clock starts ticking the day the conduct happens. That one comment, that one touch, it counts. If it was part of a pattern, the last instance determines your deadline. The first might be too far back.

There’s also something called delayed discovery. It’s rare, but if you didn’t realize what happened was illegal until later, the court might consider that. Don’t rely on it, though. It’s always safer to assume the earliest possible date matters.

And in today’s world, harassment doesn’t always happen face-to-face. Texts, direct messages, emails—those count. Just be sure you’re saving everything with a clear timestamp.

What Happens if You Miss the Window

Missing the deadline isn’t just a paperwork issue. It usually means your case can’t move forward. Courts and agencies are strict when it comes to timelines, and they won’t make exceptions because you didn’t know better.

Once the statute expires, your employer can simply file a motion to dismiss and they’ll win. Even if your story is powerful, even if you suffered greatly, the law won’t let your claim through the door. That’s why the timeline is so serious.

There are rare cases where courts might allow a late filing, like if you were incapacitated or if there was fraud involved. But don’t count on it. Your best shot is always filing on time.

What You Can Do Right Now

If you’re still within the deadline, here’s what you can do to protect your rights and build a solid case:

• Document everything. Keep records of what happened, when it happened, who was involved, and who witnessed it. Save emails, texts, photos, and messages. These documents become powerful tools when it's time to prove your side.
• Report internally. Let HR or a supervisor know, even if you don’t think they’ll help. This step shows you tried to solve the issue in-house. It also creates a timeline that might support your claim later.
• Get legal guidance early. The sooner you talk to employment law attorneys, the better you can protect your timeline and your case. We can help you map out your options and avoid critical missteps.
• File with the right agency. If you’re unsure whether to go through the EEOC or the state agency, ask for help. Filing in the wrong place can delay or even derail your case. A misstep here could waste valuable time.

Don’t wait until the deadline is breathing down your neck. Starting early gives you more options and a better shot at justice.

Other States, Other Clocks

Statutes of limitations work differently outside New York. And if you’re working remotely or reporting to a company based in another state, those rules may apply.

• Maine. You generally have 300 days to file with the Maine Human Rights Commission. The EEOC applies here too. Some exceptions apply depending on the type of employer involved. The process can also be influenced by union rules.
• New Hampshire. You have 180 days to file with the Human Rights Commission. This is a much shorter window than in New York. Remote workers reporting to NH employers must follow this timeline.
• Vermont. One year for most employment discrimination claims through the Human Rights Commission, but exceptions exist. That includes different rules for governmental employers or school systems. You may also need to complete mediation before heading to court.
• New Jersey. You typically have two years to file a lawsuit under the New Jersey Law Against Discrimination (NJLAD). But if you go through the Division on Civil Rights instead, the deadline drops to 180 days. The process you choose matters and so does how quickly you act. Hybrid work situations can also complicate which state’s rules apply.

Some of these deadlines are short enough that waiting even a few months could be risky. If you're working across state lines, talk to someone who knows how to handle multi-state claims.

Don’t Assume You’ve Got Time

It’s easy to put this off. You’re stressed. You’re unsure. Maybe you’re hoping it’ll all just go away. But the deadline doesn’t care about any of that.

We’ve seen too many strong cases fall apart just because someone missed their window by a few weeks. And that’s heartbreaking. Especially when the harm was so real.

That’s why our legal team always encourages people to act sooner than later, even if you’re not sure you want to pursue legal action. At least know your rights while you still can. The earlier you get answers, the more options you'll have and the more power you’ll hold over what happens next. You shouldn’t have to rush decisions under pressure, and starting now helps you reclaim control.

Let’s Make Sure the Clock Doesn’t Run Out on You

Don’t lose your chance at justice because of a technicality. Our employment attorneys at Horn Wright, LLP, help you understand what timeline applies to your case and make sure you hit every deadline.

Call (855) 465-4622 now for a free, confidential consultation. The clock’s ticking, but one of the most trusted legal practices in the country got you covered.