Key Legal Update: Extended Sexual Harassment Liability in California

Effective in 2025, California has significantly expanded the statute of limitations for filing civil claims related to workplace sexual harassment. This change reflects a broader effort to support survivors and hold employers accountable over longer periods.

🔍 What Changed?

• New Statute of Limitations: Victims of workplace sexual harassment may be able to file a civil lawsuit up to 10 years after the incident.

• Previous Limit: The prior limit was three years under the FEHA, extended from one year by Assembly Bill 9 (AB-9) in 2020.

• Scope: This extension applies to civil lawsuits, not administrative complaints filed with the California Civil Rights Department (CRD), which still must be filed within three years.

⚖️ Implications for Employers

• Increased Exposure: Employers may face legal action for incidents that occurred up to a decade ago, even if the alleged harasser is no longer employed.

• Recordkeeping: HR departments should review and strengthen documentation practices, including complaint records, investigation outcomes, and training logs.

• Training & Policy Updates:

  • Ensure all employees receive biennial sexual harassment prevention training (1 hour for non-supervisors, 2 hours for supervisors).

  • Update internal policies to reflect the new liability window and reinforce reporting mechanisms.

  • Emphasize non-retaliation protections for employees who report harassment.

🧭 Best Practices for HR Managers

• Conduct regular audits of harassment policies and training compliance.

• Maintain clear, accessible reporting channels that don’t require employees to go through their direct supervisor.

• Translate harassment policies into languages spoken by at least 10% of the workforce, as required by law.

• Act promptly and thoroughly on all complaints, regardless of when the incident occurred.