How long does it take to win a discrimination case?
Asked by: Jamie Abbott | Last update: July 9, 2025Score: 4.1/5 (2 votes)
In our experience, we have found that discrimination cases can settle in as little as 4-6 months or take as long as 5-6 years. For many workers, this is frustrating. However, it is important not to take the first settlement you are offered if isn't fair or high enough to make up for what you've lost.
Are discrimination cases hard to win?
Admittedly, due to the proof required, discrimination lawsuits can be difficult. In order to win a discrimination lawsuit, the employee must prove that he/she was discriminated against based on race, gender, disability, sex, etc.
How long does it take for a discrimination case to settle?
Unfortunately, the process of resolving such disputes through the legal system can be lengthy and complex, which is why you need a lawyer on your side. Depending on the facts and whether your claim is resolved in or out of court, a discrimination case can take anywhere from several months to several years to settle.
What is the most you can get from a discrimination lawsuit?
When it comes to California discrimination lawsuits, the potential payout varies greatly depending on the company's size. Take small businesses with fewer than 100 employees - they're looking at a maximum payout of $50,000. But scale up to 101-200 employees, and that number jumps to $100,000.
How often do people win discrimination lawsuits?
Discrimination Lawsuits: Discrimination cases are relatively common in employment litigation, but employees win about 1 in 5 discrimination cases that go to trial.
What do I need to prove to win my employment discrimination case?
How often do companies settle out of court?
Some researchers claim that the 90% figure is a gross exaggeration. Research does indicate that settlement rates vary between different court jurisdictions and even different types of lawsuits. Still, a significant percentage of business-related lawsuits do eventually settle outside of court.
Is it worth suing for discrimination?
Successful plaintiffs in employment cases can recover wages they would have earned up to the time of trial—called back pay. They can also seek future lost wages and benefits—called front pay. Many employment discrimination laws also allow employees to recover for their emotional distress.
What happens if an employer is found guilty of discrimination?
Remedies May Include Compensatory & Punitive Damages
Compensatory and punitive damages may be awarded in cases involving intentional discrimination based on a person's race, color, national origin, sex (including pregnancy, gender identity, and sexual orientation), religion, disability, or genetic information.
How much can I sue my employer for emotional distress?
The second type of emotional distress claim is one that is worth more than $50,000 up to hundreds of thousands of dollars, depending on the factual circumstances. You would need one or more medical opinions to support this claim and be prepared to have those medical advisors testify in court.
How long after mediation will I get my money?
How Long After Mediation Will I Get My Money? You can expect to receive your settlement check four to six weeks after signing the agreement. However, it might take longer to receive your check if the case is complex.
What happens when the EEOC finds an employer guilty?
When the EEOC finds an employer guilty, they may attempt conciliation to negotiate changes in procedures and remedies for those affected; if unsuccessful, the victim may file a lawsuit or request the EEOC to file one on their behalf.
Do I have to pay taxes on a discrimination settlement?
Employment Discrimination Settlement Tax Treatment
Both are considered taxable “income” by the IRS. Generally, the attorney will negotiate and ultimately agree to an “allocation” in the settlement agreement between compensation for economic losses and emotional distress harm This can vary case by case.
What makes a strong discrimination case?
The employee must first present evidence that he is a member of a protected class, he was qualified for the position he held, he suffered an adverse employment action such as being fired, and that he was replaced with another worker who is not a member of that protected class.
What is a reasonable settlement offer for discrimination?
I've seen firsthand how these cases can vary widely in California. The average settlement for a disability discrimination case can range from around $25,000 to $500,000. Less complex cases often settle for about $100,000 or less, while more involved cases can exceed $1,000,000. But these are just ballpark figures.
What percentage of discrimination cases go to trial?
Virtually none of the cases (6%) actually go to court, and when they do, plaintiffs “win” only about a third of the time. There is, however, little evidence in this study of plaintiffs “winning.” What plaintiffs want is their job, respect, and moral vindication.
Do employers fear EEOC?
When an employer faces a discrimination complaint filed through the EEOC, the initial reactions often include anger and fear. It's important to pause and understand that only about 2% of these complaints lead to penalties. An EEOC investigation typically unfolds over at least 10 months.
What should I ask for in a discrimination settlement?
In cases of discrimination in the workplace, you can typically seek compensation for lost wages, emotional distress, and punitive damages.
How long does HR take to respond after a complaint?
The length of time that HR takes to investigate complaints will depend on a few factors. These include the nature of the complaint, the company and the HR department. In most cases, complaints will be investigated within 3 days to a week. In some cases, it will take longer for HR to conclude their investigation.
Why do companies settle out of court?
Research has long indicated that settlements are more cost-effective in most cases. Even when businesses may assert that no wrongdoing occurred, settlements outside of court can be a means of limiting how much the lawsuit costs the organization.
What to expect when suing your employer?
You will likely be deposed (a deposition is a formal process where lawyers from both sides ask questions under oath; it's a chance for the employer's lawyer to understand your side of the story and gather information). The discovery process can last several months, especially in complex employment law cases.
How much money can you get for a civil rights violation?
Depending on your case, your financial settlement may range from thousands to millions of dollars. However, receiving a settlement from your civil rights lawsuit or legal action can take forever.
Is $50,000 a good settlement?
Car Accidents: Car accident settlements typically range between $15,000 and $50,000, depending on factors like the severity of the injuries, the extent of property damage, and the insurance coverage available. Car accident victims with severe injuries often receive higher settlements.
At what point do most cases settle?
Roy Comer: Statistically we know that 98 per cent of civil cases settle before trial. There are multiple reasons why this happens. In my opinion, the primary reason for pre-trial settlement is the plaintiff does not want to go through the gantlet of having a judge and jury scrutinize them. There is some wisdom in this.
What is the timeline for discrimination lawsuit?
The anti-discrimination laws give you a limited amount of time to file a charge of discrimination. In general, you need to file a charge within 180 calendar days from the day the discrimination took place.