Is it still possibly to file a suit for sexual harassment and retaliation if the offender is no longer at the company?

Question

This involves two incidents. 
 
I reported a co-worker for sexual harassment for messages he sent regarding my sexual history, as well as attempts to try and start a relationship with me. I told him I wasn't interested, and he got angry and threatening. I turned to the head of my department, eventually after a month, my harasser left and none of this was investigated or recorded.  
 
Following that, the head of my department confessed he was attracted to me and wanted to spend time with me, which I declined. He responded forcing me out of my job (moved me off my assignment then barred me from returning). I tried to reach out to report this, but no one listened.  
 
Eventually a new HR team came in, and I was able to report to them what happened. They investigated and fired my boss, and said I could come back as a new hire despite having been there for years.  
 
Since my harrasers are gone and I was offered a chance to return, is it no longer possible to file a suit?

Neil Pedersen · Answer

First, it depends on how long ago this happened.  If it occurred within the last 3 years, then you avoid any legal limitations issue. 
 
The harasser no longer being at the company would not preclude a claim of sexual harassment against the company.  Once you reported the harassment to your superior, the company had a legal duty to protect you from the harassment from your co-worker.  Additionally, harassment by your supervisor means the company can be held liable for the supervisor's conduct. 
 
The best first thing to do is to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options.  I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. 
   
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. 
 
Good luck to you.

Niran Grimberg · Answer

The answer to your question depends first of all on when it occurred, as you may be outside the statute of limitations. With regard to the main part of your question, however, the answer is that the individuals and company may still be liable for what occurred, since the company knew and did nothing about it.  
 
However, I would suggest consulting with an employment attorney to assess whether you have any legally actionable claims. Most employment attorneys take cases on contingency fees and give free consultations.

Brad S Kane · Answer

First, you may still bring a claim against the Company, the head of the department and the original sexual harasser, if the claim against each defendant is not time barred. From the date of the each defendant's last act to you have: (i) 3 years to obtain a right to sue letter from the Department of Fair Employment and Housing; and (ii) file suit within 1 year of obtaining the right to sue letter. 
 
Second, the Company failed to protect you from the Head of the Department, so the Company is liable for his actions. 
 
Third, the fact the Company is offering you your job back as a new hire is a start, but does not remove the Company's liability. 
 
You should consult with a knowledge employment attorney on next steps. Most provide free consultations.

Q: Is it still possibly to file a suit for sexual harassment and retaliation if the offender is no longer at the company?