How long does it take to settle a discrimination lawsuit?

Employment cases, particularly those that involve discrimination, could take a long time to get resolved. If you have been in any type of legal conflict, you know that any procedure involving the law and courts could move at a frustratingly slow pace.

When our Discrimination Law Firm is considering claims with a greater value, those can take longer because the plaintiff is inclined to fight harder and the employer wants to fight back to reduce the claim’s worth.

However, each situation is unique. So, it can be difficult to give a definitive answer regarding precisely how long the claim will take. It is also crucial to remember that a case can settle out of court any time, even after a trial begins. There are also various other factors out of your control that could drag a case on for longer such as the ease or rate at which information is available.


What is Discrimination in the Workplace?

Discrimination in the workplace occurs when an employee or job applicant is treated unfairly due to his or her race, religion, skin color, national origin, gender, sexual orientation, disability or age. These are known as protected characteristics. It is against state and federal laws to discriminate against workers or job applicants– be it hiring, firing, layoffs, promotions or job training– based on these characteristics.

Here are some types of employment discrimination that can occur in workplaces:

  • Excluding prospective employees while hiring due to particular characteristics such as sex, race, age, etc.
  • Refusing certain employees compensation or benefits.
  • Specifying or suggesting preferred applicants in a job ad. For example, it is illegal to ask for applications from candidates based on their age.
  • Paying equally qualified employees in the same position different salaries.
  • Denying some employees use of company facilities.
  • Discrimination while promoting or laying off workers.

Variables That Can Affect the Timeline

There are a variety of factors that could impact the amount of time it can take for a discrimination claim to get resolved:

  • Personalities involved: Normally, when the plaintiff’s attorney, defendant’s attorney and all parties associated with a conflict are willing to cooperate and work together, the case has a tendency to resolve quicker than when everyone is trying to make each other’s life difficult. Generally speaking, it is in everyone’s best interest to have the matter resolved quickly because attorney’s fees and court costs can accumulate really quickly for both sides.
  • Competence of lawyers: The experience, expertise and resourcefulness of the lawyers involved can also affect the length of the process. If your attorney is a skilled negotiator, for instance, you may be able to reach a fair discrimination claim settlement amount much quicker.
  • Gridlock in the courts: courts are often handling a large number of cases. This aspect, which is not in anyone’s control, may automatically delay your day in court.
  • A case’s value: The value or worth of a case could also have an effect on the time it takes to resolve it. For example, if there is a lot of money at stake or if the case can have a negative effect on a business’s image, there is bound to be a bigger fight and resistance. The more there is at stake, the longer it can take for the discrimination case to be resolved.
  • Scheduling problems: It could often take a significant amount of time to arrange depositions, medical exams and mediations. Some experts or mediators might need to be contacted several months in advance.

If you have been mistreated or discriminated against at your workplace, please remember that you have legal rights. You may be able to file a discrimination lawsuit with a racial discrimination attorney against your employer and seek compensation for damages including medical expenses, lost wages, and pain and suffering.


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