Estimated reading time: 12 minutes

Key Takeaways

• Deadlines vary: Federal, state, and local filing windows differ widely — do not rely on a single rule like “two years.”

• Federal limits are short: EEOC deadlines are typically 180 days (or 300 days in many cases), plus 90 days after a right-to-sue letter for court filing.

• State rules can be longer: Many states (like New York and California) allow up to three years for state filings or lawsuits.

• Act quickly: Write down dates, preserve evidence, and contact an employment lawyer or agency as soon as possible to protect your rights.

• Multiple paths: You may have federal, state, and city options — the shortest deadline that applies can determine your planning.

Table of Contents

• Introductory statement

• Important note

• Myth vs. fact: Is “two years” the rule?

• Why deadlines matter

• Federal rules (EEOC)

• What does “state or local law also applies” mean?

• Key examples from major states and cities

• Big picture: What are the common patterns?

• What about criminal sexual assault?

• How to figure out your deadline

• Examples of how deadlines work in real life

• Do I need to complain to my company before I file?

• How to prepare to file your complaint

• What happens after you file?

• “Continuing harassment” vs. “one-time acts”

• Remote work and multi-state jobs

• Common mistakes that hurt cases

• How a lawyer can help

• Quick reference: Deadlines mentioned in this article, with sources

• What to do today if you are facing harassment

• What if the harassment happened a long time ago?

• How this affects workers who were fired, demoted, or punished for speaking up

• Why clear timelines help stop harassment

• Final word: Do not let a myth steal your right to justice

• FAQ

you can file a sexual harassment complaint no more than two years after the incident occurred.

Important note

This article is for information. It is not legal advice. Every case is different. Deadlines are strict. If you think you may have a claim, act now. Talking to an employment attorney as soon as possible can protect your rights. (Many employment lawyers offer free consultations — View resource)

Myth vs. fact: Is “two years” the rule?

The myth

“You can file a sexual harassment complaint no more than two years after the incident occurred.”

The fact

Federal law often gives you only 180 days to file with the Equal Employment Opportunity Commission (EEOC). If state or local laws also apply, the time can extend to 300 days. Many states give you up to three years for state complaints or lawsuits. In short, the correct window is typically 180–300 days at the federal level, and up to three years in many states. Sources:

• Federal EEOC filing window: 180 days, or 300 days if state/local law also applies (source: View resource; source: View resource; source: View resource) (See our step-by-step guide to filing with the EEOC: View resource)

• Many states moving toward three-year windows (source: View resource; source: View resource; source: View resource; source: View resource)

Why deadlines matter

Deadlines for sexual harassment claims are called statutes of limitations. They tell you how long you have to file. If you miss a deadline, you can lose your right to bring your case. This is true even if the harassment was very serious.

There are two types of steps in many cases:

• Administrative filing: This is a complaint you file with a government agency, like the EEOC, a state civil rights agency, or a city human rights office. It often has the shortest deadline.

• Court lawsuit: This is when you file a case in court. Sometimes you must first file with an agency and get a “right-to-sue” letter. Then you have a set time to file in court.

You may have both federal and state options. You may also have city options. Each one can have different deadlines. That is why it is so important to know which path you are taking and when to act.

Federal rules (EEOC): 180 or 300 days to file, then 90 days after your right-to-sue letter

Under federal law, the EEOC handles sexual harassment claims under Title VII of the Civil Rights Act. The general rules are:

• File with the EEOC within 180 days of the harassment.

• If a state or local law also covers the same harassment, you may have up to 300 days to file with the EEOC.

• If the EEOC issues a “right-to-sue” letter, you usually have 90 days from the date you receive that letter to file your federal lawsuit in court.

Sources:

• 180/300-day EEOC filing rule (source: View resource; source: View resource; source: View resource) (For practical help filing an EEOC charge, see our step-by-step guide to filing with the EEOC)

• 90 days after right-to-sue to file federal lawsuit (source: View resource) (For next steps if you receive a right-to-sue letter, see View resource)

What does “state or local law also applies” mean?

Many states and cities have their own anti-discrimination agencies and laws. If your state or city has one, and your claim could be filed there too, the federal EEOC deadline often extends to 300 days. This is sometimes called “dual filing.” The agency can explain how this works for your case. The safest step is to contact an attorney or the agency as soon as you can. (If you’re unsure where to file or need local counsel, see View resource)

Key examples from major states and cities

New York State: Up to three years for state filings and lawsuits

New York has some of the strongest timelines in the country for workers.

• You can file a complaint with the New York State Division of Human Rights (DHR) within three years of the harassment. (source: View resource)

• You can file a civil lawsuit in New York State court within three years of the harassment. (source: View resource; source: View resource)

• You can still use the federal EEOC process, which is 180 days, or 300 days if state or local law also applies. Many New York workers qualify for the 300-day EEOC window. (source: View resource)

What this means: In New York, “two years” is not the rule. New York gives a longer three-year window for state complaints and state court lawsuits. But federal EEOC deadlines can still be much shorter, so do not wait.

California: Three years to file with the state civil rights agency, then one year to sue after your right-to-sue letter

California also gives workers more time than the federal law.

• You have three years from the most recent incident of harassment to file a complaint with the state agency (formerly called the Department of Fair Employment and Housing (DFEH), now the Civil Rights Department). (source: View resource)

• After you file the administrative complaint and receive a right-to-sue notice, you generally have one year to file a lawsuit in California superior court. (source: View resource)

What this means: In California, “two years” is not the rule. The state window to file with the agency is three years. But once you get the right-to-sue letter, the clock runs fast. You usually have one year to bring your court case.

Philadelphia, Pennsylvania: 300 days to file with the city agency for workplace harassment

Philadelphia has a city human rights agency that handles harassment complaints.

• You have 300 days from the date of the incident to file with the Philadelphia Commission on Human Relations (PCHR). (source: View resource)

• If you also use the EEOC, your federal timeline will often mirror the same 300 days when local law applies. (source: View resource)

• Important distinction: Philadelphia’s longer or special rules for child sexual abuse civil claims do not apply to workplace harassment claims. Those are different laws with age-based or extended timelines. (source: View resource)

What this means: In Philadelphia, your city filing deadline may be just 300 days. That is less than one year. “Two years” is not a safe rule in Philadelphia for a workplace harassment complaint. (For a related discussion of 300-day state/local filing rules such as CHRO guidance, see View resource)

Florida: One year to file with the state agency, long state deadlines for certain court claims, and one year after right-to-sue

Florida’s system looks different from New York and California.

• The Florida Commission on Human Relations (FCHR) requires you to file an administrative complaint within one year of the harassment. (source: View resource)

• If you receive a right-to-sue after a commission review, Florida law may give you one year to file in court under certain state-law routes. (source: View resource)

• Some Florida claims in state court can have a four-year statute of limitations, depending on the legal theory (for example, certain statutory or tort claims). (source: View resource)

What this means: Florida’s administrative deadline is very short—only one year. The state also has complex options for lawsuits. The safest path is to speak with a Florida employment lawyer quickly to choose the right route and timeline for you. (If you need help finding a sexual harassment lawyer, see View resource and View resource)

Big picture: What are the common patterns?

Across the U.S., the deadlines vary. But some patterns are clear:

• Federal law is strict and short. The EEOC deadline is 180 days, or 300 days when state or local law also covers the case. Then, once you get the EEOC right-to-sue letter, you have 90 days to file the federal lawsuit. Sources: 180/300-day rule (source: View resource; source: View resource; source: View resource). 90-day right-to-sue window (source: View resource) (Practical EEOC filing steps here: View resource)

• Many states now allow up to three years for a state complaint and/or a state court lawsuit. New York and California are strong examples. Sources: New York three-year state timelines (source: View resource; source: View resource). California three-year state agency deadline and one-year post–right-to-sue for court (source: View resource) (If you plan to sue, our guide to suing for sexual harassment explains the process: View resource)

• Some cities or state agencies have shorter rules than three years. Philadelphia’s 300-day limit and Florida’s one-year administrative deadline are examples. Sources: Philadelphia 300 days and child sexual abuse distinction (source: View resource). Florida one-year FCHR deadline and other Florida timelines (source: View resource)

• Because local rules can change, it is always smart to check your state or city agency or speak to a lawyer early. Sources discussing varying deadlines and the rise of three-year benchmarks: (source: View resource; source: View resource; source: View resource; source: View resource) (Need help deciding where to file? Our sexual harassment attorney guides can help you pick a path: View resource)

What about criminal sexual assault?

This article focuses on workplace sexual harassment, which is handled under civil rights laws and employment laws. The deadlines above are for administrative complaints and civil lawsuits. For criminal sexual assault, different and often longer time limits apply. This is especially true for cases involving minors. In some places, civil claims for child sexual abuse have special age-based rules or even no statute of limitations for a time. These special rules do not usually apply to workplace harassment claims. Source: discussion of child sexual abuse civil claims and differing timelines (source: View resource)

How to figure out your deadline

Deadlines can be confusing. Here are simple steps to help you think through timing:

• Start with the date of the harassment. Write it down. If there were many incidents, write them all down. The “most recent incident” date is often important, especially for a pattern of harassment.

• Decide where you can file. Do you want to file with the EEOC? Your state agency? A city commission? You may be able to file in more than one place. This can change your deadline.

• Look at the shortest deadline that applies. If federal and state rules both apply, do not just follow the longer one. The shortest one could cut off an option you need.

• Watch for the “right-to-sue” clock. If an agency gives you a right-to-sue letter, check the time you have to file in court. Federal cases usually give you 90 days. California state cases often give you one year after the right-to-sue. Florida has unique rules too. Sources: federal 90-day window (source: View resource); California one-year post–right-to-sue (source: View resource); Florida timelines (source: View resource) (For guidance on what to do after a right-to-sue, see View resource)

• When in doubt, act now. If you are not sure, file sooner. Waiting can close doors.

Examples of how deadlines work in real life

Example 1: New York office worker

- Your manager touched you and made sexual comments 10 months ago, and it continued for a few months.

- Your options: You can file with the New York State DHR within three years of the last incident. You can also file with the EEOC within 300 days if state law also applies. You could later file a New York State court lawsuit within three years. Sources: New York three-year DHR and lawsuit deadlines (source: View resource; source: View resource). EEOC 300-day window when state law applies (source: View resource)

Example 2: California nurse

- A doctor sent you explicit texts and cornered you at work 2 years and 8 months ago, and again 2 years and 10 months ago.

- Your options: You still have time to file with California’s civil rights agency because the state deadline is three years from the most recent incident. Once you get a right-to-sue letter, you will have one year to file in California state court. Source: California three-year administrative deadline and one-year court window (source: View resource)

Example 3: Philadelphia teacher

- A supervisor harassed you 6 months ago. You want to complain locally.

- Your options: You can file with the Philadelphia Commission on Human Relations within 300 days. You may also be able to use the EEOC 300-day window. Source: Philadelphia 300-day deadline and EEOC alignment (source: View resource)

Example 4: Florida retail worker

- You faced harassment 14 months ago. You did not file yet.

- Your options: You likely missed the one-year FCHR administrative deadline for that agency path. But do not give up. Florida may allow some state-law claims in court with longer deadlines, up to four years in some cases, and there may be other routes. You need to talk to a Florida employment lawyer now to see what is still possible. Source: Florida one-year FCHR deadline and potential four-year state court timelines (source: View resource) (If you’re considering legal help, our guide explains how to find a sexual harassment attorney and what to expect: View resource)

Do I need to complain to my company before I file?

Many companies have a policy that says you must tell HR or a manager. It is usually a good idea to report it internally if you feel safe to do so. Reporting can stop the behavior. It can also create a record that helps your case. But internal reporting does not replace your legal deadlines. Filing an internal complaint does not stop the EEOC or state clock from running. You still must file with the agency or in court on time. The EEOC and many state agencies expect you to meet their deadlines no matter what your employer does.

If you fear retaliation, tell a lawyer before you report. Retaliation for reporting is illegal. If your boss demotes you, cuts your hours, fires you, or threatens you because you complained, that can be a separate legal violation. You can include retaliation in your charge. The same deadlines usually apply. (For how to report and preserve your rights, see View resource)

How to prepare to file your complaint

You can take simple steps today to protect yourself and your case:

• Write down what happened. Include dates, times, places, names, and what was said or done.

• Save proof. Keep texts, emails, photos, videos, social media messages, and notes.

• List witnesses. Co-workers, clients, or others who saw or heard the harassment can help.

• Keep work records. Save schedules, pay stubs, and performance reviews. These can show changes after you complained.

• Do not delete anything. Do not sign away your rights without talking to a lawyer.

• Get legal help. A local employment attorney can explain your options and help you file on time. (If you want to find local counsel, see View resource)

• Contact the agency. The EEOC, state, or local agency can explain how to file. The earlier you reach out, the better. (See step-by-step EEOC filing guidance at View resource)

What happens after you file?

The process depends on your state and your agency. In many cases:

• You file a charge with the EEOC, your state agency, or your city agency. You meet the deadline for that agency.

• The agency notifies your employer and investigates. The agency may offer mediation to try to settle the case early.

• If the agency cannot resolve it, it may issue a notice, such as a “right-to-sue” letter. This letter starts a new clock for filing a lawsuit in court. For federal cases, that clock is usually 90 days. In California state cases, it is usually one year after the right-to-sue. Sources: federal 90 days (source: View resource); California one-year after right-to-sue (source: View resource) (If you need a guide on how to proceed after a right-to-sue, see View resource)

• If you file in court, your lawyer will guide you through the next steps. These can include discovery (sharing evidence), motions, and trial. Many cases settle before trial.

“Continuing harassment” vs. “one-time acts”

Some people face a hostile work environment. It happens again and again. Others face a single act, like a sexual assault or a firing after refusing sexual advances. The way the law treats timing can be different for these two patterns.

• Continuing harassment: If the harassment is part of a pattern, many agencies and courts look at the most recent incident to measure the deadline. This can help bring in earlier acts as part of the same hostile work environment.

• One-time acts: If you were fired, demoted, or denied a promotion because of harassment or because you complained, the deadline often starts when that act happened.

These rules can be complex. A lawyer can help you figure out which acts are on time and how to present your full story. When possible, file as soon as you can so you do not have to rely on close calls. (More on hostile work environment and reporting steps: View resource)

Remote work and multi-state jobs

Today, many people work from home or for companies in other states. You might live in New Jersey, report to a boss in New York, and work for a company based in California. Which deadline applies? The answer can depend on where the harassment occurred, where decisions were made, and which agency has power over the employer. If you are in this situation, speak to a lawyer early. You may have more options than you think. Just remember: the shortest deadline rules your planning.

Common mistakes that hurt cases

• Waiting too long. The biggest mistake is waiting until after the deadline. If you think you might file, mark your calendar today.

• Relying on the “two-year” myth. As you now know, “you can file a sexual harassment complaint no more than two years after the incident occurred” is not a safe rule. In many places, the true deadline is much shorter.

• Thinking internal HR complaints stop the clock. They do not. Only filing with the proper agency or in court meets legal deadlines.

• Signing a release without advice. Some employers offer money in exchange for a release of claims. If you sign, you may give up your rights. Always get legal advice before signing.

• Deleting evidence. Keep your messages and notes. Back them up.

• Not telling your lawyer everything. Your lawyer needs the full picture to protect you and manage the timelines.

How a lawyer can help

Employment lawyers help people with harassment, discrimination, retaliation, wrongful termination, and unpaid wages. In harassment cases, a lawyer can:

• Pick the best place to file and make sure you meet all deadlines.

• Write and file your charge or complaint.

• Collect and protect evidence.

• Talk to the agency and your employer for you.

• Fight retaliation and push for safety at work.

• Negotiate a fair settlement or bring a strong lawsuit.

Most employment lawyers offer a free consultation. Many work on contingency for lawsuits, which means you do not pay fees unless they win or settle. Ask about fees up front so you know what to expect. (To schedule a free consultation, see View resource and if you need local counsel right away, see View resource)

Quick reference: Deadlines mentioned in this article, with sources

• Federal (EEOC): File within 180 days, or 300 days if state or local law also applies. Then 90 days to file a federal lawsuit after you get a right-to-sue letter. Sources: 180/300 days (source: View resource; source: View resource; source: View resource). 90 days to sue after right-to-sue (source: View resource) (See our EEOC filing guide: View resource)

• New York State: File with the Division of Human Rights within three years. You also have three years to file a civil lawsuit in state court. EEOC federal timeline still applies for federal filing. Sources: (source: View resource; source: View resource)

• California: File with the state civil rights agency within three years of the most recent incident. After you receive a right-to-sue letter, you generally have one year to file in California superior court. Source: (source: View resource)

• Philadelphia, Pennsylvania: File with the Philadelphia Commission on Human Relations within 300 days. Civil child sexual abuse claim timelines are different and do not set the rule for workplace harassment. Source: (source: View resource)

• Florida: File with the Florida Commission on Human Relations within one year. After a right-to-sue, certain Florida routes give one year to sue. Some Florida state-law claims in court can have up to a four-year limit. Source: (source: View resource)

What to do today if you are facing harassment

• Make a timeline. Write down every incident with dates.

• Save everything. Emails, texts, photos, videos, and notes can be key.

• Tell someone you trust. A friend, family member, or counselor can help you feel safe and plan.

• Consider reporting at work. If you feel safe, tell HR or a manager. Follow your company policy. Keep a copy of your report.

• Talk to a lawyer. A lawyer can help you keep your options open and hit every deadline. (If you want to find local help, see View resource and to get a free consult, see View resource)

• File your charge on time. If the EEOC path applies, remember 180 days (or 300 days if state or local law also applies). If your state agency is an option, learn that deadline too. Sources: EEOC 180/300 days (source: View resource; source: View resource; source: View resource) (See step-by-step EEOC filing instructions at View resource)

What if the harassment happened a long time ago?

Do not assume you are out of time. You may still have options:

• If you are in a three-year state like New York or California, you may still be within the state deadline. Sources: New York three years (source: View resource); California three years (source: View resource)

• In Florida, even if the one-year agency deadline passed, talk to a lawyer about state court options that can be longer, up to four years in some cases. Source: (source: View resource)

• If you were a minor at the time or the conduct was criminal sexual assault, special rules may apply. Workplace harassment claims are usually different from child sexual abuse civil claims, which can have longer or special time limits. Source: (source: View resource)

If you think you missed a deadline, do not give up. Talk to a lawyer. There can be exceptions. There can be other paths. At the very least, a lawyer can tell you for sure what is possible. (If you need help deciding whether to consult a lawyer, see View resource)

How this affects workers who were fired, demoted, or punished for speaking up

Retaliation is illegal. If you reported sexual harassment and then lost your job, your hours, your pay, or your benefits, you may have a separate retaliation claim. The deadlines for retaliation usually match the deadlines for harassment under the same laws. That means you likely need to file the retaliation claim within the same 180/300-day federal window or your state window.

If you think your employer punished you because you spoke up, act fast. Keep proof. Save emails, texts, and write down dates when your hours were cut or your job changed. A lawyer can help you include retaliation in your charge and push for fast protection.

Why clear timelines help stop harassment

Deadlines can feel harsh. But they can also push action. When people file early:

• Evidence is fresh and strong.

• Witnesses remember what happened.

• Agencies can act faster.

• Employers see that workers know their rights.

• Patterns come to light and stop sooner.

Your voice can help you and others. Acting within the right time window makes your voice stronger.

Key takeaways

• The viral claim “you can file a sexual harassment complaint no more than two years after the incident occurred” is not accurate for most workers in the U.S. Federal, state, and local rules set different deadlines.

• Federal EEOC rules give you 180 days to file, or 300 days if state or local law also applies. After a federal right-to-sue letter, you typically have 90 days to file a federal lawsuit. Sources: 180/300 days (source: View resource; source: View resource; source: View resource). 90-day court window (source: View resource) (See our EEOC filing guide: View resource)

• Many states, like New York and California, allow up to three years for state filings or lawsuits. Sources: New York three years (source: View resource; source: View resource). California three years and one-year post–right-to-sue to file in court (source: View resource) (If you plan to sue, read our guide: View resource)

• Some places have shorter local deadlines. Philadelphia has 300 days; Florida’s state agency deadline is one year, and some Florida court routes can reach four years. Sources: Philadelphia and Florida timelines (source: View resource)

• Criminal sexual assault timelines are different from civil workplace harassment deadlines, and cases involving minors have special rules. Source: (source: View resource)

You are not alone

Facing sexual harassment is painful and stressful. It can shake your sense of safety. It can threaten your job and your income. Please know this: You have rights. You deserve respect at work. The law can help you.

The next best step is simple: talk to a qualified employment attorney in your state. Share your timeline. Bring your evidence. Ask about the deadlines that apply to you. An attorney can help you file the right complaint, in the right place, on time. (If you want immediate guidance or a free consult, see View resource and for help finding local counsel, see View resource)

And if you choose to file even before you find a lawyer, remember the core rules:

• Federal EEOC: 180 days, or 300 days if state/local law applies; 90 days to sue after right-to-sue. Sources: (source: View resource; source: View resource; source: View resource) (See how to file with the EEOC: View resource)

• New York: three-year window for state filings and lawsuits. Sources: (source: View resource; source: View resource)

• California: three years to file with the agency; one year to sue after right-to-sue. Source: (source: View resource)

• Philadelphia: 300 days to file with PCHR. Source: (source: View resource) (Related 300-day guidance: View resource)

• Florida: one year to file with FCHR; other state routes can be longer; many court routes require action within one year of right-to-sue. Source: (source: View resource)

Final word: Do not let a myth steal your right to justice

It is easy to repeat a simple rule like “you can file a sexual harassment complaint no more than two years after the incident occurred.” But that rule is not the law for most workers. In many places, two years is too late for a federal case, and in some places, it is too soon to limit your options under strong state laws.

Check your true deadline now. Use the sources in this article. Then act. Reach out to a trusted employment lawyer. File your complaint on time. Protect your job, your pay, and your future. You deserve a safe, fair workplace—and the law is there to help you.

(For more on reporting, suing, and finding the right sexual harassment lawyer, see these resources: View resource, View resource, View resource, View resource, View resource)

FAQ

How long do I have to file with the EEOC?

Under federal law, you generally have 180 days from the date of the harassment to file with the EEOC. If a state or local anti-discrimination law also covers your claim, that deadline often extends to 300 days. For practical help filing, see View resource.

Can I still file if my state's deadline is three years?

Yes. Some states, like New York and California, allow up to three years to file a state complaint or a state court lawsuit. However, federal EEOC deadlines can be much shorter, so you should act promptly and consult a lawyer. See state-specific guidance: New York (View resource) and California (View resource).

Does reporting to HR stop the filing deadline?

No. Filing an internal complaint with your employer does not stop the clock for EEOC or state agency deadlines. Internal reports can help your case, but you still must file with the proper agency or in court on time. If you fear retaliation, consult a lawyer before reporting. (See View resource.)

What if I missed the agency deadline?

Do not assume all options are closed. Some states have longer court deadlines, and there can be exceptions. Talk to an employment lawyer right away to explore other routes. For Florida-specific complexities, see View resource.

How can a lawyer help me meet deadlines?

A lawyer can identify the best place to file, prepare and submit your charge or complaint on time, preserve evidence, and advise on next steps after a right-to-sue letter. Many employment lawyers offer free consultations — View resource.