Can an employer be held liable for sexual harassment claims that are years old?
Minneapolis employment law attorney Stacey DeKalb addresses whether or not someone can still be held liable for sexual harassment charges for an incident that occurred many years ago.
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In general, the statute of limitations for an individual to bring a harassment claim is 300 days from the wrongful act under federal law and one year under state law. But what we are seeing is a concern by many companies about the impact to their brand in the marketplace, in the court of public opinion, if you will, and so for that reason, I think that is why we’re seeing so many companies terminate the employment of many long-term high level employees because even if a case is not actionable in terms of monetary damages against the company, it can still cause a lot of damage to a company if they fail to take appropriate action.
This is also one of the reasons why companies should have a process in place for people to report and the company to take action so that they don’t end up with bombshells like we’ve been reading about in the paper recently.