Facing discrimination at work can be a stressful and painful experience. You might feel hurt, frustrated, and unsure about what to do next. If you’ve decided to stand up for your rights and pursue a discrimination lawsuit, one question probably weighs heavily on your mind: How long will this take? How long will it take for your case to be settled so you can finally move on?
The truth is, there is no simple answer. The time it takes to settle a discrimination lawsuit can vary widely, from a few months to several years. Many factors influence how quickly or slowly your case moves forward. In this article, I’ll walk you through the general process of a discrimination lawsuit and explain the key factors that affect how long it takes to reach a settlement.
What Is a Discrimination Lawsuit?
Before we talk about timing, it’s important to understand what a discrimination lawsuit is. Discrimination in the workplace happens when you are treated unfairly because of certain protected characteristics, such as your:
- Race or color
- Gender or sex
- Age
- Religion
- National origin
- Disability
- Genetic information
Discrimination can show up in many ways — being passed over for promotions, getting unequal pay, facing harassment, being unfairly fired, or experiencing retaliation after complaining. If you believe you have been discriminated against, you have the right to file a lawsuit to seek justice and compensation.
The First Step: Filing a Charge with the EEOC
Before you can actually file a discrimination lawsuit in court, you generally need to start by filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency that enforces workplace discrimination laws.
You must file your charge within a strict deadline—usually within 180 days of the discriminatory act. In some cases, this deadline extends to 300 days if there is a state or local agency involved.
Once you file the charge, the EEOC will notify your employer and begin an investigation. The agency gathers information, talks to witnesses, reviews documents, and tries to determine whether discrimination likely occurred.
How Long Does the EEOC Investigation Take?
The EEOC investigation can take a few months or sometimes years, depending on several things:
- How complex your case is: Some cases are straightforward, others involve complicated facts and multiple witnesses.
- How busy the EEOC is: The agency’s caseload and resources affect the speed of investigations.
- How cooperative the parties are: If your employer cooperates and provides information quickly, it can speed up the process.
During the investigation, the EEOC might offer both sides a chance to settle the dispute through mediation. Mediation is a voluntary, confidential process where a neutral third party helps you and your employer find common ground. Mediation can often resolve cases faster than continuing the investigation.
If the EEOC finds no evidence of discrimination, they will issue a “dismissal and notice of rights,” which allows you to file a lawsuit on your own. If the EEOC finds reasonable cause to believe discrimination occurred, they will try to negotiate a settlement with your employer. If this fails, they may file a lawsuit on your behalf or give you the right to sue.
Summary:
- EEOC investigations take from a few months to several years.
- Mediation may speed things up if both sides agree.
- At the end of this process, you either get a right-to-sue letter or a lawsuit may be filed.
Filing a Lawsuit in Court
After you get a right-to-sue letter, you have 90 days to file your lawsuit in court. You can choose to file in federal or state court, depending on the laws and your case.
Once your lawsuit is filed, the case enters the discovery phase, which can take several months to over a year. Discovery is when both sides collect evidence from each other, including documents, emails, and witness testimonies. Lawyers also ask questions under oath, called depositions.
Discovery can be one of the most time-consuming parts of the case. How long discovery takes depends on:
- The number of witnesses and documents
- The cooperation of both parties
- How much information is relevant to your claims
Settlement Negotiations
Even after the lawsuit is filed, most discrimination cases do not go to trial. Instead, both sides usually try to reach a settlement. Settlements can happen at any time—from early on after you file the lawsuit, to during discovery, or even right before trial.
If your employer wants to avoid the cost and uncertainty of a trial, they may offer you money to settle. Your lawyer will help you decide if the offer is fair. Sometimes, several rounds of negotiation are needed before both sides agree.
How long settlement talks take depends on:
- The willingness of your employer to negotiate
- The strength of your evidence and legal claims
- How realistic both sides are about the risks of going to trial
If a settlement is reached, the case ends with a signed agreement. The agreement will include any compensation you receive and terms about confidentiality or non-retaliation.
If the Case Goes to Trial
If no settlement is reached, your case will go to trial. Trials can last from a few days to a few weeks, depending on how complicated the case is. At trial, both sides present evidence and witnesses, and a judge or jury decides the outcome.
Trials add time and expense to the process. They also carry more uncertainty because the result depends on how convincing the evidence and arguments are.
Appeals Can Extend the Timeline
After trial, either party can appeal the decision if they believe legal errors affected the outcome. Appeals happen in higher courts and can take several months to a year or more to resolve.
If your case is appealed, it will take longer to fully settle the lawsuit.
Factors That Affect How Long Your Case Will Take to Settle
Understanding these factors will help you manage expectations about how long your case might last.
The Type of Discrimination
Some types of discrimination cases require more investigation or complex legal analysis. For example, sexual harassment claims often involve sensitive issues and many witnesses, which can slow the process.
The Strength of Your Evidence
If you have strong evidence like emails, texts, and reliable witnesses, your case might settle faster because your employer may want to avoid trial.
Weak or incomplete evidence can lead to longer negotiations and more litigation.
Your Employer’s Cooperation
If your employer is willing to settle early or cooperate with the EEOC investigation, your case will likely move faster.
If your employer denies wrongdoing and fights your claims aggressively, your case will take longer.
The EEOC’s Caseload and Procedures
The EEOC handles thousands of cases. The agency’s workload and policies can impact how long investigations take.
The Court’s Schedule
Courts are busy places. Depending on where you file, the court’s docket and judge availability can slow down hearings and trials.
Legal Disputes and Motions
Sometimes, the parties file motions to delay or dismiss parts of the case. These legal battles add time.
What You Can Do to Help Your Case Move Faster
While you can’t control everything, there are some steps you can take to help your case proceed as quickly as possible:
- Act quickly: File your charge with the EEOC as soon as possible after discrimination happens.
- Work closely with your lawyer: Provide all documents, names of witnesses, and details to build a strong case.
- Stay organized: Keep track of all communications and deadlines.
- Be open to settlement: Sometimes resolving the case early is better than a long fight.
- Stay patient: Understand that these cases take time, but fighting for your rights is worth it.
Final Thoughts
Filing a discrimination lawsuit is a brave step toward justice. But it’s important to know that settling these cases takes time and patience. The process involves multiple steps, from EEOC investigations to discovery, negotiations, and possibly trial and appeals.
Your case might be settled in less than a year or could take several years to resolve fully. The best thing you can do is work with an experienced employment discrimination attorney who will guide you through the process and fight for the best outcome.
Remember, no matter how long it takes, standing up against discrimination protects your rights and helps make the workplace fairer for everyone.