Estimated reading time: 17 minutes

Key Takeaways

• The statement “you can file a sexual harassment complaint no more than two years after the incident occurred” is a myth. Deadlines vary widely by forum and state, and many workers have less time—or more time—than two years.

• Under federal law, most workers must file with the EEOC within 180 days of the last incident, or 300 days if a state or local law also covers the same conduct.

• California extended its sexual harassment filing window to three years with the state civil rights agency (CRD), and New York generally allows three years to file a lawsuit, with state agency deadlines recently expanded.

• Multiple states and agencies use a “last incident” rule and continuing-violation principles that can affect when the clock starts.

• Old articles still show expired, shorter deadlines—always check the current rule in your jurisdiction and act quickly.

Table of Contents

• Introduction: Debunking the “two-year cap” myth

• What counts as sexual harassment at work

• Federal EEOC deadlines: 180 vs. 300 days and weekend extensions

• State and local deadlines at a glance

  • California’s three-year window (CRD)

  • New York City and New York State updates

  • Connecticut’s 300-day filing rule (CHRO)

  • Agency and ethics complaints with shorter windows

• Continuing violation doctrine and the “last incident” rule

• Outdated information to avoid and key nuances

• How to protect your claim timeline today

• Common pitfalls that can cost you your claim

• Real-world scenarios: When the clock differs

• Conclusion

• FAQ

Introduction: Debunking the “two-year cap” myth

Many workers have heard the claim, “you can file a sexual harassment complaint no more than two years after the incident occurred.” That statement is not only misleading—it’s often wrong. Depending on where you live and which forum you use, the deadline (statute of limitations or administrative filing window) might be much shorter than two years, or significantly longer.

At the federal level, most harassment complaints must be filed with the Equal Employment Opportunity Commission (EEOC) in as little as 180 days from the last incident, though the window extends to 300 days in many states with overlapping anti-discrimination laws. Some state civil rights agencies give you three years to file an administrative complaint, and some cities provide up to three years to sue. The only way to protect your rights is to know your specific deadline and act quickly.

If you’re not sure whether your experience qualifies as illegal harassment, review the EEOC’s definition of sexual harassment, which includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature under Title VII of the Civil Rights Act. See the agency’s overview on what counts as sexual harassment for plain-English examples and standards.

For a deeper myth-busting overview focused on filing timelines and forums, see our explainer on why the “two-year limit” claim is false and how real deadlines work.

What counts as sexual harassment at work

Sexual harassment at work takes two main forms: “quid pro quo” (job benefits conditioned on sexual conduct) and “hostile work environment” (severe or pervasive conduct that makes the workplace abusive). Both forms are illegal, and both are covered by federal, state, and often local laws.

The EEOC provides accessible guidance and examples. Its page on sexual harassment explains the conduct that can violate the law, the need for the behavior to be unwelcome, and the protections against retaliation for reporting or participating in an investigation. If you’re unsure about your experience, the definitions and examples there are a helpful starting point.

For practical steps to recognize and document harassment, learn reporting options, and understand your rights under federal and state law, see our guide to understanding workplace sexual harassment and pursuing justice.

Federal EEOC deadlines: 180 vs. 300 days and weekend extensions

Federal harassment claims usually start with an administrative charge at the EEOC, not an immediate lawsuit. As a rule, you must file your charge within 180 days of the last incident of harassment. In many states, that window is extended to 300 days when a state or local fair employment practice law also covers the same conduct. The EEOC’s official page outlines these rules in its summary on time limits for filing a charge.

The EEOC’s youth resource reinforces the same point: sometimes you only have 180 days to report discrimination; you have 300 days if a state or local law also covers the complaint. See the agency’s brief on time limits to file a complaint.

Independent commentators summarize the same federal framework. A helpful overview from Employee Justice explains that the federal deadline can be 180 or 300 days depending on whether state or local law applies. You can read that discussion of federal claim deadlines and state overlays.

One small but important nuance: if your 180- or 300-day deadline falls on a weekend, you generally have until the next business day to file with the EEOC. This practical point is highlighted in a filing-deadlines explainer noting the weekend “next business day” extension. Do not bank on grace periods beyond that.

If you’re preparing an EEOC charge now, our step-by-step resource on filing a complaint with the EEOC explains eligibility, how to file online, and what to expect during investigation or mediation.

State and local deadlines at a glance

State and city laws often expand worker protections and extend filing windows beyond the federal baseline. Two of the most significant examples are California and New York.

California’s three-year window (CRD)

California significantly expanded its statute of limitations for workplace discrimination and harassment claims. As of January 1, 2020, workers have three years to file an administrative complaint with the state’s civil rights agency—now called the Civil Rights Department (CRD), formerly DFEH. A California law resource explains that victims now have three years from the last incident to submit a complaint to the agency.

Multiple California-focused legal guides confirm the same: California has extended the filing window to three years for sexual harassment claims; workers may file an administrative complaint with the CRD within three years, as the agency’s own fact sheet notes in its Sexual Harassment Fact Sheet; and current commentary emphasizes that victims have up to three years from the date of the last incident to file a complaint.

You’ll see the same three-year window echoed in state-law explainers focused on hostile work environment claims, such as a discussion that the statute of limitations for hostile environment claims is three years from the last offense. Another California employment law resource summarizes the process and confirms that you have three years to file with the CRD, describing how filing with the state agency fits into the overall strategy for relief; see the overview on filing a CRD sexual harassment complaint within three years.

If you encounter online posts stating California’s deadline is only one year, note that those are outdated. For example, a pre-2020 explainer says the statute of limitations for filing a claim was one year from the last incident—accurate then, but not now. See the older summary that references California’s former one-year deadline.

Current California guides also discuss practical implications and exceptions, reinforcing that California law has moved to a three-year administrative filing period. If you’re weighing how to file and preserve claims under both state and federal law, our tutorial on how to sue for sexual harassment explains dual-filing and right-to-sue letters in plain English.

New York City and New York State updates

New York has also expanded timelines. In New York City, commentary is clear: you generally have three years from the date of harassment to file a lawsuit under local law. This is summarized in a NYC-focused guide explaining that the NYC statute of limitations is typically three years.

New York practitioners similarly note that in New York you have up to three years from when the harassment occurred to file a lawsuit, and missing that three-year civil window usually means losing that route. See an explanation of New York’s three-year lawsuit deadline for harassment under state and local law.

On the administrative side, New York State recently expanded filing periods with its civil rights agency. The state announced a new statute of limitations for unlawful discrimination complaints to the Division of Human Rights, with transitional rules. According to the state’s notice, incidents occurring on or before February 14, 2024 still carried the older one-year limit (or three years for certain claims), but the new law extends deadlines going forward. This update matters if you plan to file with the state agency rather than going straight to court.

If your experience involves a hostile work environment, you can review our practical guide to reporting a hostile work environment and preserving your evidence while you consider state, city, or federal options in New York.

Connecticut’s 300-day filing rule (CHRO)

Connecticut maintains a 300-day deadline to file harassment and discrimination complaints with its state civil rights agency, the Commission on Human Rights and Opportunities (CHRO). If you live or work in Connecticut, learn the details—including when the clock starts and how dual-filing with the EEOC works—in our focused explainer on the 300-day CHRO filing window.

Agency and ethics complaints with shorter windows

Separate from discrimination agencies, some ethics or government integrity bodies impose shorter reporting windows for sexual harassment or related misconduct. For example, New York’s ethics office notes strict time limits for filing—a charge must be filed within 180 days of the incident in that forum. These requirements do not replace EEOC or state civil rights deadlines, but they can be critical if you work in government or need to use that process too.

Continuing violation doctrine and the “last incident” rule

Many deadlines in harassment cases run from the date of the last incident, not the first. That’s why timely reporting and documentation matter. The EEOC explains that in harassment cases, you must file within 180 or 300 days of the last incident, though they will evaluate the entire course of conduct when appropriate. See the agency’s page on how the last-incident rule applies.

California authorities and commentators emphasize the same point. Guides clarify that victims have up to three years from the last incident to file with the state agency. Examples include overviews stating that California calculates its three-year period from the date of the last incident and that hostile environment claims run three years from when the offense was last committed.

In practice, this can help workers who face ongoing harassment over time, because recent incidents can keep the claim timely while allowing you to present the full pattern of conduct. Our field guide on recognizing and documenting coworker sexual harassment offers tips to capture dates, locations, and witnesses—details that matter for both the last-incident rule and credibility.

Outdated information to avoid and key nuances

Internet searches often surface older articles with expired deadlines. California is a common example: before 2020, workers generally had one year to file with the state agency; since 2020, that period is three years. If you see a resource claiming you only have one year in California, check the publication date and confirm current law. An older guide stating a one-year limit in California illustrates why you should verify the rule before relying on it.

By contrast, multiple current resources reflect the updated California timetable. They explain that California significantly extended the filing window to three years, that complainants may file with the CRD within three years, and that a worker has three years to bring a CRD complaint. Recent explainers reiterate that victims have a full three years to seek relief.

On the federal side, a small but critical nuance is how to compute deadlines when they land on a weekend. A practical filing guide notes that if your 180- or 300-day due date hits a Saturday or Sunday, you typically have until the next business day to file—see the discussion of weekend extensions to the EEOC deadline. Do not assume other grace periods apply.

Finally, many summaries emphasize that timelines vary by forum: depending on the type of complaint you file, you could have as long as three years or as little as 180 days. That range is captured in a plain-English overview explaining that deadlines can be three years, 300 days, or 180 days depending on where you file. Always choose your forum carefully and calendar the correct date.

How to protect your claim timeline today

Here’s a practical checklist to safeguard your rights while you confirm your jurisdiction’s deadlines.

First, capture your “timeline facts” in one place: every incident date, what happened, who was present, how you responded, and whether you reported it to HR or a manager. Our worker-focused tutorial on what sexual harassment looks like and how to document it includes concrete examples and note-taking tips.

Second, decide quickly whether to make an internal report. Internal reporting can help stop ongoing harm and strengthen your evidence. If the conduct has created an abusive environment, our guide on reporting a hostile work environment outlines steps that reduce risk of retaliation while building a strong record.

Third, choose your filing forum and calendar your deadline. For federal claims, confirm whether your state has overlapping laws that extend the EEOC charge period to 300 days—the EEOC’s page on time limits explains this rule. If you’re in California, evaluate the three-year CRD path; the agency’s fact sheet and multiple state-law guides (for example, this update and this overview) outline how the three-year window works. In NYC or NYS, consider your options in light of the three-year lawsuit period summarized by NYC-focused guidance and New York commentary, as well as New York’s recent expansion of state-agency deadlines.

Fourth, file as early as you reasonably can. Early filing reduces risk from disputes over the “last incident” date, administrative delays, and service issues. If your complaint might be timely under the “continuing violation” doctrine, consider filing now to preserve the issue while you collect additional evidence.

Fifth, prepare for retaliation risks. The law prohibits retaliation for reporting or participating in an investigation, but retaliation still happens. Save proof of your job performance, assignments, schedules, and any sudden changes in treatment after you report.

When you’re ready to move forward, our step-by-step guide on how to sue for sexual harassment covers state, federal, and local paths, and our resource on finding a sexual harassment attorney near you explains what to expect in a confidential, no-obligation consultation.

Common pitfalls that can cost you your claim

Selecting the wrong forum. Some workers wait for a three-year court window without realizing they first had to file an administrative charge within 180 or 300 days. Confirm whether your chosen path requires an administrative step before suing.

Relying on outdated deadlines. California formerly had a one-year period for state administrative complaints; that changed to three years in 2020. Don’t let old guidance—or a search result with an old date—dictate your timeline.

Missing the “last incident” nuance. Many deadlines, including the EEOC’s, run from the last incident of harassment. If new incidents occur, the clock may be refreshed. If the harassment stops, the deadline may be closer than you think.

Overlooking agency or employer-specific timing rules. Government ethics bodies and internal policies sometimes require earlier reporting. For instance, New York’s ethics authorities reference a 180-day internal filing window for certain charges. That does not replace EEOC or state civil rights deadlines, but you may need to meet both sets of rules.

Waiting until the weekend. Filing online the last day is risky. Use the practical “next business day” extension only if needed; it’s wiser to file before the due date. The weekend rule is discussed in the note on deadline extensions when the due date falls on a weekend.

To understand how filing, investigation, and litigation unfold, our plain-English overview of real sexual harassment deadlines by forum explains the sequence and common decision points.

Real-world scenarios: When the clock differs

Scenario 1: You work in a state with overlapping protections. If your state or city also bans sexual harassment, your federal EEOC filing window likely extends from 180 to 300 days. The EEOC’s time limit guidance and youth summary on 180 vs. 300 days both confirm this.

Scenario 2: You’re in California. You may have up to three years from the last incident to file an administrative complaint with the CRD. Current explainers detail the extension to three years, reinforce filing within three years at the CRD, and clarify that the clock runs from the last incident in sources such as Steven Rubin Law and Shirazi Law Firm. Additional perspectives reiterate the same three-year window in updated California guides and process-focused overviews.

Scenario 3: You’re in New York City or filing in New York State. For lawsuits, NYC-focused and New York practitioner resources state you generally have three years to sue under local law and three years from when the harassment occurred in New York. For state agency complaints to the Division of Human Rights, New York recently announced an expanded statute of limitations with transitional rules—review the state’s notice of new administrative filing windows to determine which period applies to your incident date.

Scenario 4: You saw a “one-year” California article. That advice is outdated. California extended to three years in 2020. An older guide stating a one-year California deadline may still appear in search results—don’t rely on it.

Scenario 5: You’re weighing a general summary you found online. Short explainers sometimes combine multiple forums and give a range, such as three years for state administrative filings or 180–300 days for federal charges. A representative summary notes you could have as long as three years or as little as 180 days depending on what you file and where.

Scenario 6: You work in government and are considering an ethics complaint. Some government ethics bodies require action within 180 days, separate from EEOC or state civil rights filings. See the New York ethics guidance with a 180-day charge limit as one example. If your workplace has both ethics and civil rights pathways, consider using both to protect your rights and ensure accountability.

Need practical examples of what to document and how to proceed? Our plain-English walkthrough on addressing coworker sexual harassment and the stepwise guide on filing an EEOC complaint can help you start today.

Conclusion

The idea that “you can file a sexual harassment complaint no more than two years after the incident occurred” is a myth that can cost you your rights. Many workers have far less time under federal law (180 or 300 days) to file with the EEOC. Others may have more time under state or city laws to file with a civil rights agency or pursue a lawsuit—California’s three-year CRD window and New York’s three-year lawsuit period are two widely cited examples. Because deadlines differ by forum and can change, verify the exact rule that applies to your case, use the “last incident” date to calculate your window, and file as soon as you can.

If you’re unsure which path to take, it’s reasonable to get legal guidance quickly—especially if the deadline might be close or your employer is taking adverse action after you reported. For more context on forums, procedures, and evidence, see our myth-busting explainer on real sexual harassment deadlines and next steps.

Need help now? Get a free and instant case evaluation by US Employment Lawyers. See if your case qualifies within 30-seconds at https://usemploymentlawyers.com.

FAQ

Is the “two-year” rule ever correct?

Not as a general rule. Many workers have less time—180 or 300 days—to file with the EEOC, while others may have more time (for example, three years to file with California’s CRD or three years to sue under New York City law). The right deadline depends on the forum and state. See the EEOC’s summary of 180/300-day federal deadlines, California’s three-year CRD window noted in the CRD fact sheet, and New York’s three-year lawsuit period summarized in NYC guidance.

Does the deadline run from the first or last incident?

Often the deadline runs from the last incident in harassment cases, and the EEOC will look at the full course of conduct. See the EEOC’s explanation of filing within 180 or 300 days of the last incident. California sources similarly note the three-year period runs from the last incident.

How have California and New York changed their rules?

California extended its administrative filing window to three years as of January 1, 2020, reflected in multiple updates including California’s three-year limit and the CRD’s official fact sheet. New York generally allows three years to file a lawsuit for sexual harassment, as summarized in New York overviews and NYC commentary, and the state recently announced expanded deadlines for agency complaints in a Division of Human Rights update.

What if my deadline falls on a weekend?

Generally, you have until the next business day to file. A practical explainer discussing EEOC charges notes the weekend “next business day” rule. Don’t wait if you can avoid it—file early to reduce risk.

What if I saw a one-year California deadline online?

That was the old rule. As of 2020, California workers typically have three years to file with the CRD. Some older posts still reference a one-year limit (see an example of the former one-year deadline). Current resources confirm the three-year window, including updated state-law guides and process-focused summaries such as Dalton Employment Law’s overview.