Statute of Limitations for Sexual Harassment (state claims) in Illinois

Overview

In Illinois, the statute of limitations (SOL) sets a deadline for bringing certain state-law claims. For sexual harassment, the timing question often turns on which Illinois statute supplies the legal basis for the claim and when the alleged conduct occurred.

DocketMath’s statute-of-limitations calculator helps you translate the legal rule into a concrete date range. In practice, your timeline depends on:

• the type of Illinois claim you’re asserting (e.g., under an Illinois criminal statute vs. a civil statute), and
• whether a specific exception changes the default limitations period.

Limitation period

Illinois provides a number of limitations periods depending on the claim type. For state sexual harassment-related claims, the two most commonly cited limitations rules in Illinois litigation strategy are:

• 5-year limitations period under 720 ILCS 5/3-6 (with an important exception)
• Shorter limitations periods under other sections of 720 ILCS 5/3-5 and 720 ILCS 5/3-5(b) (used for specific kinds of conduct or claim theories)

Additionally, Illinois has a separate civil statute related to workplace harassment remedies:

• 5-year limitations period under 820 ILCS 115/14

Below is a quick orientation of the limitations periods that frequently come up when people are sorting out an Illinois timeline.

Common SOL periods (Illinois state-law rules)

How to think about the “clock”

When you run the DocketMath calculator, you’re essentially answering:

• What is the trigger date you’re using?
  Common triggers are a particular date of alleged conduct or a later date tied to discovery/occurrence under the applicable statute.
• What is the limitations period (e.g., 5 years), and what is the deadline it creates for filing?

Because SOL triggers can be statute-specific, the safest workflow is:

1. select the statute that matches the claim category, then
2. use its stated limitations period, and
3. compare your filing date to the computed deadline.

Key exceptions

Not all Illinois harassment-related claims follow the same schedule. The exceptions below are particularly relevant because they can shorten the deadline.

Exceptions tied to the listed statutes

• 720 ILCS 5/3-6 — 5 years — exception O1
  The statute provides a 5-year period but includes an “exception O1” structure that changes the analysis for particular claim categories or circumstances.

• 720 ILCS 5/3-5 — 3 years — exception P1
  Where the claim fits the category governed by 3 years, the clock runs faster than the default 5-year rule.

• 720 ILCS 5/3-5(b) — 1 year — exception V3
  In narrower cases governed by the 1-year rule, missing the deadline is more common. This is often the biggest “gotcha” when people assume the SOL is always multiple years long.

• 820 ILCS 115/14 — 5 years — exception H7
  This civil workplace statute includes its own 5-year limitations period and an “exception H7” adjustment that can affect timing depending on the claim fit and statutory requirements.

Practical checklist for exceptions

Use this checklist before you lock in a filing deadline in your own analysis:

Statute citation

The Illinois provisions driving the state-law SOL timing discussed on this page include:

• 720 ILCS 5/3-6 — 5 years (exception O1)
  Source: https://ilga.gov/ftp/Public%20Acts/101/101-0130.htm?utm_source=openai

• 720 ILCS 5/3-5 — 3 years (exception P1)
  Same ILGA compilation link above for Illinois statutory text.

• 720 ILCS 5/3-5(b) — 1 year (exception V3)
  Same ILGA compilation link above for statutory text.

• 820 ILCS 115/14 — 5 years (exception H7)
  Same ILGA compilation link above for statute text context.

If you’re building a litigation timeline, these citations are the anchors. Your next step is selecting the one that matches the claim type you’re actually bringing (state civil vs. criminal/state statutory theory, and which subsection applies).

Use the calculator

DocketMath’s statute-of-limitations calculator helps you turn the statute rule into a deadline you can plan around. Even if you already know the SOL period (like 5 years), the calculator is designed to handle the date math once you confirm the statute and start date.

Inputs to choose (and what they change)

Typical inputs you’ll use in the calculator:

• Statute selection
  Choose between:

  • 720 ILCS 5/3-6 (5-year, exception O1 applies where relevant)
  • 720 ILCS 5/3-5 (3-year, exception P1)
  • 720 ILCS 5/3-5(b) (1-year, exception V3)
  • 820 ILCS 115/14 (5-year, exception H7)

• Start date (trigger date)
  This is the date you’re using to begin the limitations period calculation.
  Changing this date shifts the computed deadline by the same amount of time.

• Filing date comparison (or intended filing date)
  This lets the tool show whether filing is within the limitations period.

Running the numbers for Illinois

Once you select the statute and input the start date, the calculator computes the corresponding SOL deadline using the limitations period:

• If you use 720 ILCS 5/3-6, you’ll see a 5-year deadline (with exception O1 possibly altering eligibility depending on the claim fit).
• If the claim falls under 720 ILCS 5/3-5, you’ll get a 3-year deadline.
• For 720 ILCS 5/3-5(b), the deadline shortens to 1 year.
• Under 820 ILCS 115/14, you’ll again see a 5-year deadline (exception H7 may matter for the specific category).

Primary CTA

Start your timeline calculation here: **/tools/statute-of-limitations

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator