Sex Assault in the Workplace

Filing an EEOC Charge After Workplace Sexual Assault

The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces Title VII of the Civil Rights Act of 1964, the primary federal law prohibiting workplace sexual harassment. Filing a charge with the EEOC is generally a prerequisite to a federal lawsuit and is a strategic decision that shapes the rest of the case.

Deadlines

The EEOC filing deadline is 180 days from the last discriminatory act, extended to 300 days in states with a fair employment practices agency, which includes New York and New Jersey. This is a hard deadline and missing it typically bars a federal claim entirely. State and city law claims may have separate, sometimes longer, deadlines.

What a charge looks like

An EEOC charge is a written document identifying the employee, the employer, and the acts of discrimination or harassment. It is filed either online through the EEOC portal or in person at an EEOC office. The charge does not have to be exhaustive, but it should describe the conduct, identify the perpetrator, and specify the dates and circumstances well enough to give the employer notice of the claims.

What happens after filing

Once a charge is filed, the EEOC notifies the employer and typically requests a written response. The agency may investigate, mediate, or issue findings. In practice, most charges do not result in EEOC-led enforcement. Instead, the process ends with the employee receiving a "right to sue" letter, either upon request or after 180 days, which permits the employee to file a federal lawsuit within 90 days.

Dual filing

Most New York and New Jersey employees dual-file with the EEOC and the corresponding state or city agency. This preserves claims under both federal and state law without requiring separate submissions. Dual filing is available with the New York State Division of Human Rights, the New York City Commission on Human Rights, and the New Jersey Division on Civil Rights.

Strategic considerations

Not every sexual assault case belongs in the EEOC process. Because state and city laws in New York and New Jersey often provide broader protections, higher damages, and no damage caps, many employees file directly in state court under state law after satisfying any necessary administrative prerequisites. Whether to include a federal claim depends on the facts, the timing, the amount of controversy, and the strategic preference for a state or federal forum.

Retaliation protection during the process

Filing an EEOC charge is protected activity. Any adverse action taken by the employer in response to the filing gives rise to a separate retaliation claim, which can proceed independently of the underlying harassment claim. Employees should document any changes in treatment following the filing.

Working with counsel

Because the charge frames the claims that can later be pursued in court, and because deadlines are unforgiving, employees should consult counsel before filing rather than after. A properly drafted charge protects the full range of available claims.

At John J. Zidziunas & Associates, LLC, our employment lawyers represent workers subjected to sexual assault and harassment across New York and New Jersey. To discuss your situation confidentially, call us at (212) 516-1868 or contact us here. We represent employees on a contingency fee basis with free consultations.

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