One of the most common questions employees ask when considering legal action is how long a discrimination case will last. The truth is, there’s no single answer. Some cases resolve in just a few months, while others may take years to conclude, especially if they go to trial. Understanding the stages of the process and the factors that influence timing can help set realistic expectations and give you a clearer sense of what lies ahead.
Stage 1: Filing with the EEOC or CRD
The first step in most discrimination cases is filing a charge with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). These agencies are responsible for enforcing federal and state anti-discrimination laws. Once you file, the agency may begin an investigation. Investigations can take anywhere from six months to more than a year, depending on the complexity of the case, the availability of evidence, and the agency’s caseload. In some situations, the agency may offer mediation, which allows both sides to resolve the dispute quickly and confidentially.
Stage 2: Filing a Lawsuit
If the agency does not resolve your claim, it will issue a Right-to-Sue letter, giving you the ability to file a lawsuit in court. Once a lawsuit is filed, the timeline becomes longer and more structured. The litigation process includes several steps. Discovery, which can last years, involves exchanging documents, emails, pay records, and other evidence. During depositions, both sides question witnesses under oath. This stage is critical because it builds the factual foundation of your case. Pre-trial motions are also important and sometimes time-consuming. These motions may include attempts by the employer to dismiss the case or exclude certain evidence. Your attorney may also file motions to strengthen your position. If the case moves to trial, it may not occur until years after the lawsuit was filed, depending on the court’s schedule. Trials themselves can last weeks, depending on the number of witnesses and complexity of the issues.
Settlements Are Common
It’s important to understand that over 90% of employment discrimination cases settle before reaching trial. Settlements can happen at almost any point—during the agency investigation, during discovery, or even right before a trial date. Settling a case has advantages: it saves time, reduces legal costs, and spares employees the emotional toll of prolonged litigation. At the same time, settlements must be fair. An experienced attorney helps guide employees when making important decisions about settlement.
Factors That Affect Timing
Several factors influence how long a case may take. Employer cooperation or resistance is a major factor. Employers who are unwilling to provide documents or who fight aggressively at every stage tend to prolong cases. Court scheduling also plays a role, as busy California courts sometimes push trial dates far into the future. The amount of evidence also matters. Cases with clear documentation, such as discriminatory emails or pay records, may move faster, while cases relying heavily on witness testimony may take longer. Finally, the willingness of both sides to negotiate directly impacts timing. When both parties are open to settlement, cases can resolve quickly.
The Role of Legal Strategy
Timing is not only about external factors—it is also about strategy. Some cases should settle quickly for fair compensation, while others demand a longer fight to achieve justice. At Lawless, Lawless & McGrath, we carefully evaluate each case to determine the best approach.
Building a Strong Discrimination Case Starts with the Right Legal Team
The length of a discrimination case varies widely, but understanding the stages and factors that affect timing can help you prepare. Whether your case resolves in a few months or continues for years, having the right legal team makes the process manageable. At Lawless, Lawless & McGrath, we have decades of experience representing employees in San Francisco. We know how to push for timely resolutions while also standing firm when a longer fight is necessary. Our clients can trust that no matter how long the case takes, we’ll fight for the justice they deserve.