California Harassment Statute of Limitations: One Year to File

The Rule

Under **California Code of Civil Procedure § 340.6**, the statute of limitations for **civil harassment** claims is **one (1) year** from the date of the last act of harassment.

What Counts as "Harassment" Under This Statute

Applies to claims under:

• Fair Employment and Housing Act (FEHA) — Gov. Code § 12940: Workplace harassment (sexual, racial, disability, age, etc.).
• Civil Harassment (Code Civ. Proc. § 527.6): Non-workplace stalking, threats, credible violence.
• Sexual Harassment (FEHA / Title VII parallel): Quid pro quo, hostile environment.
• Hostile Work Environment: Severe/pervasive conduct altering conditions.

Critical Nuances

1. Continuing Violation Doctrine

If harassment is a **pattern of related acts**, the clock may run from the **last act** in the series — not the first. Courts assess: same type, frequency, permanence, whether plaintiff should have known it was actionable.

2. Administrative Exhaustion (FEHA Claims)

• Must file with **CRD (Civil Rights Department, formerly DFEH)** within **3 years** of last act (Gov. Code § 12960).
• CRD issues **Right-to-Sue** → then 1 year to file **civil lawsuit**.
• So: 3 years to CRD, then 1 year to court. Missing CRD deadline = claim barred.

3. Title VII (Federal) — Different Timeline

• EEOC charge: **300 days** (CA is deferral state) from last act.
• Then 90 days to sue after Right-to-Sue.
• Can file both CRD and EEOC (cross-filed).

4. Government Claims (Gov. Code § 911.2)

• If harasser is public entity/employee: **6 months** to file government claim.
• Then 6 months after rejection to sue.

5. Criminal Harassment (Penal Code § 646.9)

• Statute of limitations: **1 year** for misdemeanor; **3 years** for felony stalking.
• Separate from civil — DA files, not victim.

Practical Steps If You're Near the Deadline

1. Document everything: Dates, times, witnesses, texts, emails, HR complaints, medical visits.
2. File CRD intake immediately: Online at calcivilrights.ca.gov — tolls the clock.
3. Consult an employment attorney: Many free consults; contingency fees common.
4. Don't quit without advice: Constructive discharge claims have same limits.

Exceptions That Extend (Rare)

• Minor victim (tolled until 18).
• Mental incapacity.
• Defendant out of state / concealment (equitable tolling).
• Continuing violation (fact-intensive).

Bottom Line

One year from the last harassing act to file a civil lawsuit in California. But for workplace harassment, you have **3 years to file with CRD** — do that first. The clock is unforgiving; act fast.