I work for the government. Is there a statute of limitation on filing a sexual harassment complaint?

Yes, federal employees have a different complaint process than employees who work for public or private companies. If you work for any form of government agency, employees must contact an Equal Employment Opportunity (EEO) counselor at the agency where they are employed.  In most cases, the employee alleging sexual harassment must contact the appropriate counselor within 45 days from the day the first act of harassment occurred.

Alternative Dispute Resolution

Government employees may be offered the choice between EEO counseling or an alternative dispute resolution (ADR) program, such as a mediation program. If you do not settle the dispute through counseling or ADR, you can file a formal discrimination complaint against the agency with the agency’s EEO Office within 15 days from the day you received notice from your EEO Counselor about how to file a formal complaint.

If you do file a formal complaint the agency has 180 days to conduct an investigation. When the investigation is finished, the agency will issue a notice giving you two choices:

• You can request a hearing; or
• You may ask the agency to issue a decision as to whether the discrimination occurred.

If you want to ask for a hearing, you must make your request in writing within 30 days from the day you receive the notice from the agency about your hearing rights. If you ask for a decision and want to appeal, you must file your appeal no later than 30 days after you receive the final order.

Filing a Lawsuit Against a Government Agency

You must initiate the administrative complaint process before you can file a lawsuit against a government agency. However, there are several different points during the process when you will have the opportunity to quit the process and file a lawsuit in court, including:

• After 180 days have passed from the day you filed your complaint, if the agency has not issued a decision and no appeal has been filed;

• Within 90 days from the day you receive the agency’s decision on your complaint, so long as no appeal has been filed;

• After the 180 days from the day you filed your appeal if the EEOC has not issued a decision; or

• Within 90 days from the day you receive the EEOC’s decision on your appeal.

New Jersey and Pennsylvania Sexual Harassment Attorneys

Our employee rights attorneys have a keen understanding of federal and state laws that protect men and women from sexual harassment in the work place — even when they work for the government. We are experienced trial lawyers and know how to uncover the facts to prove your case.

If you work in New Jersey or Pennsylvania and have been subjected to sexual harassment, contact our sexual harassment attorneys today for a free consultation. We can advise you of your rights and if you have a case, we can pursue civil justice for you.

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