If you have been a victim of employment discrimination, you may have the right to file a claim against your employer and seek compensation for your damages. However, you may also wonder how long your case will take and what factors will influence its duration. In this post, we will explain the general process and timeline of an employment discrimination case and what you can expect along the way.
What is Employment Discrimination?
Employment discrimination is a serious issue that affects many workers in the U.S. It generally occurs when an employer treats an employee or a job applicant unfavorably because of their race, color, religion, sex, national origin, age, disability, or genetic information. Employment discrimination can take many forms, such as harassment, denial of promotion, termination, unequal pay, or retaliation.
Filing a Charge with the EEOC
The first step in pursuing an employment discrimination case is to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency that enforces the anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, and the Genetic Information Nondiscrimination Act of 2008. The EEOC has the authority to investigate, mediate, litigate, and settle discrimination claims on behalf of the employees.
However, you cannot file a lawsuit in court until you have filed a charge with the EEOC and received a notice of right to sue from the agency. The EEOC will issue a notice of right to sue either after it completes its investigation and finds no reasonable cause to believe that discrimination occurred, or after 180 days have passed since the filing of the charge, whichever comes first. The notice of right to sue will give you 90 days to file a lawsuit in court.
The time limit to file a charge with the EEOC is 180 days from the date of the discriminatory act. However, this deadline may be extended to 300 days if there is a state or local agency that enforces a law that prohibits employment discrimination on the same basis. Therefore, it is important to act quickly and consult with an experienced employment discrimination attorney as soon as possible.
The EEOC Investigation Process
After you file a charge with the EEOC, the agency will notify your employer and assign an investigator to your case. The investigator will gather information and evidence from both parties, such as documents, witness statements, and data. The investigator may also conduct interviews, site visits, or request responses to written questions. The EEOC investigation process can take anywhere from a few months to a few years, depending on the complexity and scope of the case, the cooperation of the parties, and the workload of the agency.
During the investigation, the EEOC may offer the parties an opportunity to participate in mediation or conciliation. Mediation is a voluntary and confidential process where a neutral third party helps the parties reach a mutually agreeable resolution. Conciliation is a mandatory and formal process where the EEOC tries to persuade the employer to remedy the discrimination and comply with the law. If the parties reach a settlement through mediation or conciliation, the case will be closed and no further action will be taken.
If the parties do not reach a settlement, the EEOC will make a determination on the merits of the charge. The EEOC will issue either a dismissal and notice of rights, which means that the agency did not find sufficient evidence to support the claim, or a letter of determination and invitation to resolve, which means that the agency found reasonable cause to believe that discrimination occurred. If the EEOC issues a letter of determination, it will try to negotiate a voluntary settlement with the employer. If the settlement is not reached, the EEOC will decide whether to file a lawsuit in court on behalf of the employee or issue a notice of right to sue to the employee.
Filing a Lawsuit in Court
If you receive a notice of right to sue from the EEOC, you have 90 days to file a lawsuit in court. You can file a lawsuit in either state or federal court, depending on the jurisdiction and the type of discrimination claim. You can also choose to file a lawsuit on your own or join a class action lawsuit with other employees who have similar claims against the same employer.
After you file a lawsuit, your employer will have a chance to respond to your complaint and raise any defenses or counterclaims. The case will then enter the discovery phase, where both parties will exchange information and evidence relevant to the case, such as documents, depositions, interrogatories, and requests for admission. The discovery phase can last from several months to a year or more, depending on the complexity and scope of the case, the cooperation of the parties, and the court’s schedule.
During the discovery phase, the parties may engage in settlement negotiations or alternative dispute resolution methods, such as arbitration or mediation. If the parties reach a settlement, the case will be dismissed and no further action will be taken. If the parties do not reach a settlement, the case will proceed to trial.
The trial phase can last from a few days to a few weeks, depending on the number of witnesses, the amount of evidence, and the court’s schedule. During the trial, both parties will present their arguments, evidence, and witnesses to the judge or jury. The judge or jury will then decide whether the employer discriminated against the employee and, if so, what damages the employee is entitled to. The damages may include back pay, front pay, compensatory damages, punitive damages, and attorney’s fees and costs.
After the trial, either party may file an appeal to challenge the verdict or the damages awarded. The appeal process can take several months to a year or more, depending on the issues raised, the court’s backlog, and the availability of the judges.
How Long Will It Take to Resolve Your Employment Discrimination Case?
As you can see, an employment discrimination case can take a long time, from filing a charge with the EEOC to filing a lawsuit in court to appealing the verdict. The duration of your case will depend on many factors, such as the type and severity of the discrimination, the evidence and witnesses available, the cooperation and strategy of the parties, and the workload and schedule of the EEOC and the court. Therefore, it is difficult to predict how long your case will take and what outcome you will achieve.
However, you do not have to go through this process alone. If you have been a victim of employment discrimination, you should contact a qualified employment discrimination attorney as soon as possible. An attorney can help you file a charge with the EEOC, negotiate a settlement, file a lawsuit, prepare for trial, and appeal the verdict. An attorney can also protect your rights, advocate for your interests, and maximize your recovery. Do not hesitate to seek legal help and pursue justice for the discrimination you have suffered.