How Long Does It Take to Settle a Discrimination Lawsuit?

If you believe you have been discriminated against at work, you may be thinking about filing a discrimination lawsuit. One question that probably crosses your mind is: How long will it take to settle this lawsuit? The answer isn’t always simple because every case is different. But understanding the typical steps and factors involved can help you prepare for what lies ahead.

In this article, I’ll explain what a discrimination lawsuit involves, the stages your case may go through, and what usually affects the time it takes to settle. This will help you have realistic expectations and know what to expect.

What Is a Discrimination Lawsuit?

A discrimination lawsuit happens when an employee feels they have been treated unfairly at work because of a protected characteristic. These characteristics include things like:

• Race
• Gender
• Age
• Religion
• Disability
• National origin
• Pregnancy
• Sexual orientation
• Other protected traits

When you file a lawsuit, you’re asking the court to review your employer’s actions and decide if discrimination occurred. You may also seek compensation for damages such as lost wages, emotional distress, or other harm.

Why Do Cases Take Time to Settle?

Discrimination lawsuits are often complicated. They involve legal rules, lots of paperwork, gathering proof, and sometimes negotiations or court hearings. Because of these complexities, settling a case can take months or even years.

You should know that a “settlement” means both you and your employer agree to resolve the case without going to trial. Settling can save time, reduce stress, and give you some control over the outcome.

Common Stages of a Discrimination Lawsuit and How Long They Take

Filing a Charge with the EEOC (Equal Employment Opportunity Commission)

Before you can file a lawsuit in court, you usually need to file a charge of discrimination with the EEOC or a similar state agency.

• How long does this take? You have 180 days from the date of the discrimination to file a charge. This deadline may be extended to 300 days if your state enforces similar laws.
• What happens next? The EEOC investigates your charge. This process may take from 6 months to over a year depending on their workload and the case’s complexity.
• Mediation opportunity: During this time, you may be offered mediation to try to settle the dispute early.
• Right to sue letter: If the EEOC finishes their investigation and doesn’t resolve your claim, they will issue a “Notice of Right to Sue,” allowing you to file a lawsuit in court within 90 days.

Filing a Lawsuit in Court

Once you have the right to sue, you can file your lawsuit in either state or federal court.

• Filing the complaint: This starts the court case and sets the timeline in motion.
• Employer’s response: Your employer will respond, either denying the claims or raising defenses.

Discovery Phase

Discovery is when both sides gather and exchange evidence such as:

• Documents
• Emails
• Witness statements
• Depositions (interviews under oath)
• How long does discovery last? Discovery can last anywhere from 6 months to over a year, depending on how complex the case is and how much evidence there is.

Settlement Negotiations and Mediation

At any time during the lawsuit, you and your employer may try to settle the case.

• Mediation: This is a meeting with a neutral third party who helps both sides reach an agreement.
• Negotiations: Your lawyers might exchange offers and counteroffers.
• How long? This process can take a few weeks to several months.

Trial

If the case doesn’t settle, it goes to trial.

• How long does a trial last? Trials can last from a few days to a few weeks.
• What happens? Both sides present their evidence and arguments, and the judge or jury decides the outcome.

Appeals

After a trial, either side may appeal if they believe there was a legal error.

• How long does an appeal take? Appeals can take several months to over a year.

Factors That Affect How Long Your Case Takes to Settle

The Type of Discrimination

Some cases are more complex than others. For example, sexual harassment claims often involve sensitive evidence and witnesses, which can add time. Cases involving wrongful termination may be more straightforward.

Strength of Evidence

If you have strong, clear evidence, your employer might be more willing to settle quickly. If the evidence is weak or unclear, your case could take longer as both sides prepare for trial.

Cooperation Between Parties

If your employer cooperates and tries to settle early, the case will resolve faster. But if your employer denies the claims and fights the lawsuit, the process will take longer.

Court and Agency Workload

The EEOC and courts often have backlogs. This means even if your case is straightforward, you may wait longer due to heavy caseloads.

Number of Witnesses and Documents

Cases with many witnesses and large amounts of documents take more time to investigate and review.

Legal Strategy

Your attorney’s and your employer’s legal strategies also affect timing. Some lawyers prefer to negotiate early; others prepare for trial.

Why Do Some Discrimination Lawsuits Take So Long?

You might feel frustrated if your case drags on. Here are common reasons for delays:

• Investigation complexity: Some cases require detailed investigations.
• Disagreements in settlement talks: Negotiations can stall over money or liability.
• Scheduling conflicts: Courts have packed calendars. Scheduling hearings or trials can take months.
• Discovery disputes: Parties sometimes argue about what evidence must be shared.
• Appeals: If the losing side appeals, this adds months or years.

How You Can Help Speed Up Your Case

While you can’t control everything, here are some ways you can help:

• File your EEOC charge promptly. Don’t miss deadlines.
• Be organized and responsive. Provide your lawyer with documents and info quickly.
• Communicate clearly with your attorney. Stay involved in decisions.
• Be open to mediation or settlement offers. Early settlements save time.
• Stay patient but proactive. Follow up on case progress regularly.

What Happens When You Reach a Settlement?

If you settle, both sides agree on terms, usually including payment and sometimes other actions like policy changes. Your lawyer will help you understand the agreement before you sign.

Settlement means your case ends sooner than trial, and you avoid the uncertainty of a court decision.

Final Thoughts: Be Prepared for the Long Haul

Discrimination lawsuits can take a long time (often 1 to 3 years or more) to fully resolve. While this might sound discouraging, remember that pursuing your rights can be worth the wait.

The process involves many steps and people, and delays happen. But with a good attorney and by staying informed, you can navigate the process more confidently.

If you believe you have a discrimination case, reach out to an experienced employment lawyer early. They can guide you on the timeline and help protect your rights every step of the way.