Reviewed by Survivor Rights Center · Updated 2026-10-21
According to the U.S. Equal Employment Opportunity Commission, it is unlawful to harass an applicant or employee because of sex. Harassment can include unwelcome sexual advances, requests for sexual favors and other verbal or physical harassment of a sexual nature. The EEOC notes that simple teasing or isolated minor incidents are not covered, but harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment, or when it results in an adverse employment decision such as firing or demotion. The harasser can be a supervisor, a co-worker or someone who is not an employee, such as a client.
Most federal workplace discrimination claims start with a charge filed with the EEOC. The agency says you generally need to file within 180 calendar days from the day the discrimination took place, and that this deadline is extended to 300 calendar days if a state or local agency enforces a law prohibiting the same kind of discrimination. Deadlines are strict, so do not wait for an internal investigation to finish before checking yours.
Many employment contracts include a clause requiring disputes to go to private arbitration. Under 9 U.S.C. 402, at the election of the person alleging a sexual harassment dispute or a sexual assault dispute, no pre-dispute arbitration agreement or pre-dispute joint-action waiver is valid or enforceable for that case. In plain terms, the survivor gets to choose.
Under 42 U.S.C. 19403, a nondisclosure or nondisparagement clause agreed to before a sexual assault or sexual harassment dispute arises is not judicially enforceable where the conduct is alleged to have violated federal, tribal or state law. The statute also preserves state laws that are at least as protective. Agreements signed after a dispute arises, such as settlement agreements, are treated differently, so read any proposed settlement carefully and ask a lawyer before signing.
Keep copies on a personal device or account if you can do so without violating a lawful workplace policy.
If you were sexually assaulted, RAINN's National Sexual Assault Hotline is free, confidential and available 24/7 at 800-656-4673. For questions about filing a charge, contact the EEOC. A licensed employment attorney can explain state-law claims that may have different deadlines.
The statute applies to any dispute or claim that arises or accrues on or after March 3, 2022. A licensed attorney can check how it applies to your situation.
Yes. The federal limit applies to clauses agreed to before the dispute arose. Settlement terms are negotiated after a dispute and are generally treated differently.
Federal employment discrimination law generally protects employees and applicants. Contractors may have other options under state law or contract.
This article is general educational information, not legal advice. Confirm specifics with a licensed attorney in your state; many offer a free first consultation. If you need support now, the RAINN hotline is 800-656-4673, 24/7.
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