If you’ve experienced sexual harassment at work, you may be wondering: How long do I have to take legal action? The answer depends on federal and state laws.
The statute of limitations for sexual harassment claims in Texas varies based on the type of sexual harassment claim you file and the laws that apply to your situation.
However, in all cases, timeliness is essential. Missing a deadline could mean losing your right to pursue justice.
At King & Siegel LLP, we understand how difficult it can be to come forward after sexual harassment or assault. If you believe you’ve been subjected to unwanted sexual advances, offensive remarks, or workplace retaliation, you don’t have to navigate this alone—but it’s important to not delay getting legal help.
Contact us today for a free consultation. We can help you better understand Texas’s statute of limitations, sexual harassment claims, and what you should do to protect your rights.
What Is the Statute of Limitations for Sexual Harassment in Texas?
The statute of limitations refers to the legal period you have to file a complaint or lawsuit after experiencing workplace harassment. Texas law recognizes different deadlines depending on whether you pursue your case under federal or state regulations. These deadlines break down as follows:
- Under the Texas Labor Code. Employees have 300 days from the date of the last harassing act to file a charge with the Texas Workforce Commission (TWC).
- Under Title VII of the Civil Rights Act. You must file a federal claim with the Equal Employment Opportunity Commission (EEOC) within 180 days. However, this extends to 300 days if Texas law also covers the claim.
- Sexual assault-related claims. In most cases, the Texas statute of limitations for sexual assault is five years for civil claims.
As you can see, when it comes to the statute of limitations, sexual harassment claims have varying windows for legal action. But every deadline matters. Filing late could mean losing your right to compensation and justice. If you’re uncertain about the timeline in your case, contact an Austin employment attorney. The advocates at King & Siegel can guide you through the legal process and help ensure you file your claim on time.
What Happens If You Miss the Texas Statute of Limitations for Sexual Assault or Sexual Harassment?
Failing to file within the statute of limitations for sexual harassment or assault in Texas can jeopardize your case. If the deadline passes:
- Your case may be dismissed. Courts and agencies typically reject complaints that miss the deadline, regardless of the strength of the evidence.
- You lose the right to recover damages. Compensation for lost wages, emotional distress, and punitive damages may no longer be available.
- Your employer avoids accountability. Without a legal claim, the perpetrator and company face no consequences, allowing the behavior to continue.
If you think you may have missed the deadline, don’t assume you’re out of options. Legal exceptions may still apply to your case. Contact King & Siegel to review your situation and explore your next steps.
Are There Exceptions to the Statute of Limitations in Texas?
Certain legal doctrines and protections may extend the statute of limitations for filing a claim. These include:
- Discovery rule. If the victim was unaware of the harassment or assault because of delayed realization of harm, the deadline may be extended. This rule generally applies only when the victim can demonstrate that they had no reasonable way of discovering the harm earlier.
- Threats or Coercion. If the perpetrator used threats, intimidation, or coercion to silence the victim, courts may toll the statute of limitations until the threat subsides. However, the victim must demonstrate a clear and ongoing threat that prevented them from coming forward, and courts may assess whether a reasonable person in the same situation would have been similarly deterred.
- Fraudulent concealment. If an employer actively concealed misconduct or discouraged reporting, the deadline may be extended. Courts will typically require evidence that the employer took deliberate steps to mislead the victim or prevent them from discovering the wrongdoing, rather than simple negligence or failure to inform.
- Incapacity. If the survivor was mentally incapacitated or otherwise unable to file due to trauma, legal exceptions might allow additional time. This exception usually requires medical documentation proving that the victim was incapable of understanding their rights or pursuing legal action within the standard filing period.
Understanding these legal nuances may be the key to keeping your claim alive and securing the justice you deserve.
How Can a Sexual Harassment Attorney Help?
Navigating the statute of limitations for sexual harassment and Texas statute of limitations for sexual assault can feel overwhelming. That’s where the advocates at King & Siegel come in. Our sexual harassment attorneys in Austin can help by:
- Filing your EEOC or TWC complaint. We can ensure your claim is submitted correctly within the legal time limits.
- Gathering evidence. We can collect emails, witness statements, and company policies that support your case and strengthen your claim.
- Negotiating settlement. We will seek financial compensation for emotional distress, lost wages, and punitive damages, if available.
- Representing you in court. If your employer refuses to settle, we fight aggressively to hold them accountable.
With King & Siegel in your corner, you gain an experienced legal team that fights relentlessly for your rights. Let us help you take the next step toward justice and financial recovery.
Take Action Before It’s Too Late: Contact King & Siegel LLP
Every day you wait to file a sexual harassment claim reduces your chance at justice. At King & Siegel, we provide free, 30-minute consultations to help you understand your rights and take decisive action.
With a 10.0 Avvo rating, a Super Lawyers Rising Star distinction, and attorneys trained at top-notch law schools, our firm offers stellar legal representation for workers who deserve justice.
Don’t let your employer silence you. Call us today or fill out our online form to get started.
Resources
Triex Tex. Holdings, LLC v. Marcus & Millichap Real Estate Inv. Servs. of Nev., No. 07-20-00107-CV (Tex. App. Sep. 23, 2021). Link
Tex. Civ. Prac. & Rem. Code § 16.0045. Link
Julian Burns King graduated with honors from Harvard Law School and founded King & Siegel in 2018. As head of the Firm’s discrimination and harassment practice areas, she champions the rights of working parents and victims of workplace discrimination and harassment. She has been recognized as a “Rising Star” by Super Lawyers annually since 2018 and has recovered tens of millions of dollars on behalf of her clients.