If you are dealing with sexual harassment while at work, you may be wondering how long you have to file a claim. In Kentucky, you have rights under both state law and federal law. There are deadlines to file your case, known as statutes of limitations. They can determine whether you still have the right to file. The best way to avoid issues with deadlines is to reach out to a qualified sexual harassment attorney in Kentucky right away.
The employment attorneys at Abney Law can help you handle sexual harassment claims. From negotiating a resolution to litigating your case, we are prepared to help.
Understanding Sexual Harassment Under Kentucky and Federal Law
Sexual harassment is illegal, both federally and under Kentucky law. It forbids certain types of conduct, such as:
- Unwanted sexual advances
- Requests for sexual favors
- Unwanted touching
- Quid pro quo requests
- Unwelcome verbal sexual comments
This kind of behavior and more can create a hostile work environment and make you uncomfortable. Some of the acts could also be a separate criminal offense.
The Laws That Protect You
Kentucky employees are protected by:
- Title VII of the Civil Rights Act of 1964
- The Kentucky Civil Rights Act
Both laws prohibit this kind of conduct. Each can also provide you with legal remedies to fight back against those that sexually harassed you.
Filing Deadlines for Sexual Harassment Claims in Kentucky
When you have to file can vary. It depends on whether you are going to file a federal claim, a state claim, or both. Many employees can file with both to protect their rights. This can be complicated, but if you have the help of an experienced attorney by your side, you can move forward confidently with your claim.
1. Filing a Federal Claim
If you are going to file a federal case, you file it with the Equal Employment Opportunity Commission (EEOC). In these cases, you usually have 300 days from the date of the harassment. This deadline begins on the last incident of harassment.
If you miss this deadline, you may not be allowed to file your federal claim.
2. Filing a State Claim
Kentucky law also protects you from sexual harassment. Employees can file their claim with the Kentucky Commission on Human Rights (KCHR). Here, you have 180 days from the last incident of harassment in which to file.
3. Filing a Lawsuit After an EEOC Right‑to‑Sue Letter
If you case isn’t resolved by the EEOC through its processes, you could be given a right-to-sue letter. From there, you generally have 90 days to file your lawsuit in federal court. Missing this window can be fatal to your case.
4. Filing a Lawsuit Under Kentucky State Law
You can file in Kentucky state court even without a right-to-sue letter. You generally have five years from the date of harassment to file a civil claim, but you should never wait that long to file, as critical evidence can be lost.
What Counts as the “Last Incident” of Harassment?
The statute of limitations will usually begin to run on the last incident of harassment. Usually, harassment occurs over time, and its not just one incident.
Examples of a “last incident” include:
- The final unwanted comment or gesture
- The last inappropriate message or email
- The last time a supervisor made a sexual advance
- The date you were terminated or forced to resign due to harassment
Why You Should Act Quickly
Even though some deadlines, like Kentucky’s five‑year limit, seem generous, waiting can weaken your case. Acting promptly helps:
- Preserve digital evidence such as emails, texts, and messages
- Strengthen witness recollection
- Prevent employers from disputing the timeline
- Allow your attorney to investigate while facts are fresh
Get Help Filing Your Sexual Harassment Claim in Kentucky
You shouldn’t have to face sexual harassment at work. When it happens though, you deserve to enforce your legal rights. It is important to file your sexual harassment claim in time in order to protect those rights.
Let the skilled employment attorneys at Abney Law review your case. Contact us today for a consultation.