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How Long Will My Employment Discrimination Case Last?


An Employment Discrimination Lawsuit May Last a Few Months to a Few Years.

If you experience employment discrimination, you have the right to seek justice. You can file a claim for employment discrimination from an employer, supervisor, manager, coworker, or nonemployee. Your case can last anywhere from a few short months to several years before you reach a settlement or receive a judgment from the court.

Working with an employment discrimination lawyer can help cut the amount of time your case takes to settle. They can begin to negotiate a settlement from the moment you agree to file a charge of discrimination in the workplace.

What Is Employment Discrimination?

Employment discrimination occurs when you experience negative treatment or harassment at work based on characteristics protected by law (protected classes). The treatment can create a hostile work environment, get you fired from work, or result in other forms of retaliation. Federal and state laws prohibit all forms of discrimination in the workplace, including retaliation and wrongful termination.

What Are Your Rights as a Victim of Employment Discrimination?

If you experience discrimination in your workplace, you have the right to seek justice. You have the right to file a lawsuit against your employer in either federal or state court. The details of your case may dictate where you would find the best results for your claim. Discuss your legal options with your employment attorney to ensure you file your claim with the appropriate agency or court within the proper time frame.

What Are the Stages of a Federal Lawsuit?

There are two stages to a lawsuit:


Pre-suit of a federal lawsuit occurs any time prior to filing a charge with the Equal Employment Opportunity Commission (EEOC). 30-40% of cases settle during the pre-suit phase of a case. As a result, your lawsuit has a high chance of settling in a matter of months.

During the pre-suit phase, you prepare your EEOC charge for filing. Your attorney will offer your employer the opportunity to settle your claim before filing it with the EEOC. If your employer agrees, settlement negotiations can begin.

Post Suit

Post Suit is any time after an EEOC charge has been filed. Settlement can occur at any time during this phase, up to and including during trial.

However, post-suit agreements can take months to several years to occur. Post Suit judgments can take many years. Additionally, your employer can always appeal the court’s decisions after a court enters a judgment.

What Is Mediation?

Mediation is also known as shuttle diplomacy. It is an opportunity for the parties to settle a lawsuit outside of court before spending too much money. Mediation involves a neutral judge or retired lawyer (the mediator). You often sit in one room while your employer and his lawyers sit in another room.

The mediator shuffles between both rooms, relaying messages and helping the parties to reach an agreement. Depending on both parties’ willingness to negotiate, mediation can be a very useful tool to help settle a lawsuit quickly. However, if mediation is not effective, the case then moves towards trial.

What Is Your Attorney’s Role in Mediation?

Your employment discrimination lawyer can help move mediation along in your favor. The mediator is a neutral party. They cannot provide any legal advice to you or your employer. Your attorney is your advocate and advisor in the mediation process.

Your attorney can help you request the compensation you need and want during the settlement process. They can guide you to make the best decisions regarding settlement or moving forward with litigation.

What Leads an Employer to Settle an Employment Discrimination Claim?

Many factors can lead an employer to settle a case for discrimination in the workplace. Some of the issues that may lead an employer to settle the case at any point may include:

  • Your employer has paid hundreds of thousands of dollars in legal fees and is ready to put the case behind him.
  • You did amazingly well in your deposition, and your employer’s attorney advised him to settle.
  • Your employer’s witness gave a horrible deposition.
  • Your employer wants the case to go away as quickly as possible without any public scrutiny.

An employer (or Defendant) can choose to settle the case at any time for any reason. However, the more assertive and willing to go to trial your lawyer is, the more likely your employer will settle the case in a few months or a year, as opposed to dragging it to trial.

How Can Your Employment Discrimination Lawyer Help Move Your Lawsuit Forward?

You need an advocate to help move your employment discrimination claim forward as quickly and fairly as possible. Your employment discrimination attorney can help you speak up for your rights early in the litigation process. They can begin the settlement process as they help you prepare your EEOC charge or complaint.

Your employment lawyer can give you the confidence you need to get the settlement you deserve. The more confident in your case your attorney feels the more likely your employer and his attorney will look to settle the case instead of going to trial.

Our Experienced Employment Discrimination Lawyers Are Ready for Your Call

It cannot be stressed enough. A great lawyer must be prepared for trial. There cannot be any fear of going the extra mile and standing in front of a judge. By preparing for trial, your lawyer helps ensure your case will settle sooner rather than later.

If you are the victim of employment discrimination or sexual harassment, the Derek Smith Law Group’s experienced attorneys can help. They will work towards a settlement as they prepare for trial. They will not back down when it comes to defending your rights.

Did You File an Employment Discrimination Lawsuit Against Your Employer? Do You Have Questions Regarding How Long Your Lawsuit Will Last? Please Call Us at 800.807.2209 for a Free Consultation to Answer Your Questions.

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