Workplace Harassment

Title VII of the Civil Rights Act of 1964 (enforced by the EEOC)

Charge deadline

"In general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis." Federal employees must generally contact an agency EEO Counselor within 45 days instead.

Ongoing harassment rule

"In harassment cases, you must file your charge within 180 or 300 days of the last incident of harassment", although the EEOC will look at all incidents of harassment when investigating, even if earlier incidents happened more than 180/300 days earlier.

Retaliation protection

"The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment" (filing/witnessing a charge, reporting harassment, refusing to participate in discriminatory conduct, resisting sexual advances, etc. are all protected activity). Employer coverage under Title VII requires 15 or more employees; the retaliation charge deadline is the same 180 days (extendable by state law).

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Equality Act 2010, section 26 (harassment) and section 123 (time limits)

Harassment definition

Section 26: A harasses B if A engages in unwanted conduct related to a relevant protected characteristic (or of a sexual nature, or related to gender reassignment/sex), and the conduct has the purpose or effect of "violating B's dignity" or "creating an intimidating, hostile, degrading, humiliating or offensive environment for B" — including where B is treated less favourably because of their rejection of or submission to such conduct. Protected characteristics include age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation.

Tribunal time limit

Section 123(1)(a) of the Equality Act 2010 sets the time limit as "the period of 6 months starting with the date of the act to which the complaint relates" (amended from the original 3 months). An employment tribunal may extend this further if it thinks it just and equitable to do so.

ACAS early conciliation

As with other employment tribunal claims, a claimant must notify Acas before bringing most tribunal claims; Acas then offers early conciliation, a voluntary process to try to resolve the dispute before tribunal.

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