Most Sexual Harassment Cases Settle Before Trial
The majority of employment law cases—including sexual harassment claims—are resolved outside the courtroom. In fact, it’s estimated that over 90% of these cases settle before reaching trial.
Settlements can happen at any stage:
- After an EEOC or state agency investigation
- During pre-lawsuit negotiations
- In the early phases of litigation
- Just before or during trial
Why do most cases settle?
- It saves both parties time, money, and stress.
- Employers often want to avoid bad publicity.
- Victims may prefer a faster, more private resolution.
At Lawless, Lawless & McGrath, we work aggressively during settlement negotiations to ensure our clients receive fair compensation—without unnecessary delays.
When a Sexual Harassment Case Might Go to Trial
While most cases settle, some do proceed to trial—especially if:
- The employer refuses to acknowledge wrongdoing
- There is a dispute over the facts
- The settlement offers are unreasonably low
- The victim wants public accountability
If a trial becomes necessary, we are fully prepared to present a strong, compelling case on your behalf. Our firm has a proven track record of success in the courtroom, and we never hesitate to litigate when it serves the client’s best interests.
What Happens Before a Trial?
Whether your case settles or proceeds to trial, several important steps come first:
Filing a Charge with the EEOC or State Agency
Before filing a lawsuit, you must submit a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or your state’s labor agency.
Investigation and Right to Sue Letter
After the agency reviews your complaint, you may receive a “Right to Sue” letter, allowing you to file a lawsuit in civil court.
Pre-Trial Discovery
Both sides gather evidence through interviews, document requests, and depositions. This is also when settlement discussions are most active.
Mediation or Settlement Talks
Courts often require mediation before trial. Many cases resolve during this phase.
What If I Don’t Want to Go to Trial?
You are never required to go to trial if you don’t want to. The choice is yours—and a skilled attorney can help you evaluate whether settling is the right decision for your unique situation.
At Lawless, Lawless & McGrath, we always tailor our approach to your goals:
- Want to resolve your claim quickly and privately? We’ll focus on negotiation.
- Want to hold your employer publicly accountable? We’ll prepare for court.
We’ll walk with you through every phase, so you feel empowered, informed, and in control.
Lawless, Lawless & McGrath: Trial-Tested, Settlement-Savvy
With decades of experience handling workplace sexual harassment claims, our attorneys are well-versed in both high-stakes litigation and strategic negotiation. We’re known for securing significant results both in and out of court.
Our team offers:
- Confidential case evaluations
- Compassionate, client-centered legal counsel
- Courtroom strength when it counts
Let’s Talk About Your Legal Options
If you’re asking, “Will my sexual harassment case go to trial?”—the answer depends on the facts of your case, your employer’s response, and your goals. At Lawless, Lawless & McGrath, we’ll help you understand all your options, advocate for your rights, and pursue the path that best supports your recovery and your future.
Contact us today for a free, confidential consultation.
About Us
Lawless, Lawless & McGrath is an award-winning employment law firm representing victims of sexual harassment, workplace discrimination, and retaliation. Based in San Francisco, we’ve built a reputation for fierce advocacy, ethical counsel, and proven courtroom results.