What Is the Statute of Limitations to File a Sexual Discrimination Lawsuit?
An employee should not be subjected to any form of discrimination in the workplace. Both female and male employees can, unfortunately, be subject to discrimination based on their gender. If you were victimized in the workplace because of your gender, you need to take legal action. Employees are protected from sexual discrimination by both federal or state laws. You must not allow the discrimination to continue—contact a law firm as soon as possible for information on how to start your lawsuit against your employer and about the time limit in California to file a lawsuit against your employer for gender discrimination.
If you were a victim of sex discrimination anywhere in Los Angeles, Fresno, Bakersfield, Modesto, Stockton, Tulare County, Visalia, Riverside, Corona, San Bernardino, Pomona, Fontana, Orange County, Santa Ana, Anaheim, Irvine, or San Diego, California Employment Attorneys Group can help you. Our attorneys have the expertise necessary to answer all your questions and to give you all the information necessary for you to understand the California Statute of limitations for gender discrimination cases. If you do not file your lawsuit within the appropriate statute of limitations, you might lose your right to file a lawsuit against your employer.
The following sections contain general information about sexual discrimination cases in California. Below, you will find information to help you understand the statute of limitation that applies to your case. You should not use the information below in place of a consultation with a workplace sexual discrimination attorney at California Employment Attorneys Group. Only an attorney specialized in workplace sex discrimination will offer specific information about your case.
Statute of Limitations and Exceptions
A statute of limitations places a limit on the amount of time a plaintiff has to file a lawsuit. If the plaintiff does not file his or her lawsuit within the allotted time, he or she will likely lose the right to sue. Statutes of limitations are designed to protect defendants from claims that might have occurred many years ago—as the longer a plaintiff waits to file a lawsuit, the more likely the defendant will have lost any evidence to disprove the claim. The statute of limitation that applies to a lawsuit varies depending on the cause of action. In general, personal injury claims have a statute of limitation of two years.
The statute of limitations that applies to your case depends on the type of claim being pursued, but it also depends on some other factors. Some exceptions might apply to your case; therefore, it is vital that you talk to an attorney as soon as possible to get information on the California statute of limitations that applies to your case. An experienced attorney will be able to give you extensive information about any exceptions to the statute of limitations that apply to your lawsuit. Below, you will find some of the exceptions that might apply to your sex discrimination lawsuit:
- Defendant is out of state—if the defendant is out of state for any period within the statute of limitation, the statute of limitations will be extended by the amount of time that the defendant was out of state. That is, if the defendant is out of state for three months, the statute of limitations will be extended by three months.
- Plaintiff is mentally incompetent—if the plaintiff is mentally incompetent or mentally disabled at the time of the incident, the statute of limitations is paused until the plaintiff regains mental competency.
- Plaintiff is imprisoned—if the plaintiff is imprisoned, the statute of limitations can be paused either for two years or until the plaintiff is released from prison, whichever comes first.
- Death of plaintiff—if the plaintiff dies, surviving family members must file the claim six months after the death of the plaintiff or before the end of the original statute of limitations, whichever comes last.
- Death of defendant—if the defendant dies before the statute of limitations is over, the plaintiff must submit the claim within one year of the defendant’s death.
You must speak to a skilled attorney as soon as possible to find out about any of the exceptions that might apply to your lawsuit. Other exceptions might depend on the plaintiff’s age, a restitution order, war, bankruptcy, voluntary agreement, felony conviction, and military status. If you do not speak to an attorney as soon as you consider filing a lawsuit, you might miss important information regarding the statute of limitations that applies to your case. You must contact California Employment Attorneys Group as soon as possible to speak with a workplace sex discrimination attorney.
The Statute of Limitations that Applies to Your Case
Because workplace sex discrimination is protected both by federal and state law, a victim of sex discrimination has a few actions when it comes to taking legal action against an employer. Because of this, there might be a few different statutes of limitations of which you should be aware.
- Equal Employment Opportunity Commission (EEOC)—the EEOC is the federal agency that oversees and enforces employment laws and complaints in the workplace. If you would like to file a complaint with the EEOC, you must file the complaint within 300 days of the last discriminatory incident.
- Department of Fair Employment and Housing (DFEH)—the DFEH is the state agency that enforces employment laws and oversees complaints in California workplaces. If you would like to file a complaint with the DFEH, you must file the complaint within one year of the last discriminatory incident.
If you are not interested in filing complaints with the federal or state agencies, you might decide to file a lawsuit independently. In that case, the statute of limitation that applies to your lawsuit will depend on the cause of action that you pursue. What causes of actions do victims of sex discrimination pursue in their lawsuits? Many victims file claims for intentional infliction of emotional distress or negligence, which both have a two-year statute of limitations. You will need to contact California Employment Attorneys Group as soon as possible. A skilled attorney will help you establish the statute of limitation that applies to your case so that you will not miss important deadlines and lose your right to file a lawsuit.
California Employment Attorneys Group
If you were the victim of discrimination because of your gender in the workplace, you must take immediate legal action. It is against federal and state law to discriminate in the workplace based on the employee’s gender. If you experienced discrimination because you’re a female or because you’re a male, you must contact California Employment Attorneys Group as soon as possible. There is a misconception that only female employees can suffer from discrimination based on sex. However, male employees can also experience sexual discrimination. If you were a victim of discrimination based on your sex—regardless if you are male or female—you have the right to pursue legal action against your employer. You must contact a workplace sex discrimination attorney as soon as possible to discuss the statute of limitations for sex discrimination lawsuits in California. Why is the deadline to sue in California for sex discrimination claims so important? If you do not file your workplace sex discrimination lawsuit within the statute of limitations that applies to your case, you might lose the right to file a lawsuit. You must act as soon as possible. Our law firm practices in Los Angeles, Fresno, Bakersfield, Modesto, Stockton, Tulare County, Visalia, Riverside, Corona, San Bernardino, Pomona, Fontana, Orange County, Santa Ana, Anaheim, Irvine, and San Diego.
The legal staff at California Employment Attorneys Group understands the hardships that accompany being discriminated against in the workplace. Discrimination based gender can cause both mental and emotional distress. Victims of gender discrimination might hesitate to take legal action because they believe that the legal process is stressful and tedious. If you do not contact the correct law firm, you might not have a positive legal experience. You must contact California Employment Attorneys Group as soon as possible. Our legal staff will do everything possible to ensure that our legal services are accessible to you. California Employment Attorneys Groupoffers clients free consultations and free second opinions. During your free second opinion, you can expect our skilled gender discrimination attorneys to answer all your questions and address all your concerns. We guarantee that you will have the information and the confidence necessary to file a lawsuit against your boss. If you already have an attorney with another law firm, you might be interested in getting a free second opinion from the attorneys at the California Employment Attorneys Group. You must reflect on your experience with your current attorney. Did your attorney rush through your consultation? Did he or she leave you with more questions than answers? Unfortunately, many attorneys prioritize the number of cases they see in a day, so they rush through cases and consultations. Because of this, some attorneys overlook or neglect pieces of information that can affect the outcome of the lawsuit. You must not risk the outcome of your case—speak to a male or female employee discrimination attorney at California Employment Attorneys Group as soon as possible. Our attorneys will give you and your case all the time necessary to ensure that you have all the information necessary to get your case back on the right track.
You must contact California Employment Attorneys Group as soon as possible to discuss the time limit in California to file a lawsuit against your employer for gender discrimination. If you do not do so immediately, you might lose the right to file your lawsuit. Our law firm offers all clients a Zero-Fee guarantee that ensures that clients have the peace of mind of not having to worry about paying any upfront fees. Additionally, since our law firm is strictly based on contingency, clients will not have to worry about paying anything until our skilled gender discrimination lawyers with the lawsuit against your employer. You must not hesitate—contact California Employment Attorneys Group to find out more about the statute of limitations that applies to your lawsuit.