The length of your case will depend on the skill and experience of your workplace discrimination attorney as well as the specific details of your case, and whether your claim must be filed with a government agency before you file a lawsuit against your employer. There are several factors that come into play when determining how long it will take to resolve your discrimination case.
Deadlines And Timelines When Filing A Discrimination Case
Most federal discrimination cases must be started by filing charges with the Equal Employment Opportunity Commission (EEOC) before litigation can be filed in court.
You must file your discrimination charge with the EEOC within 180 days of the last act of discrimination. Your EEOC complaint must be timely and detailed.
The EEOC will investigate your allegations and then determine if the act was indeed discrimination. The EEOC must then send notice of its determination of your discrimination claim within 180 days of the date that the charge was filed.
You will need to provide supporting documentation and evidence for your discrimination case. The EEOC will investigate and contact your employer for their version of the actions that you perceived as discrimination.
Knowing how to file an EEOC complaint is imperative to the success of your discrimination claim. A workplace discrimination lawyer would be able to help you through the claims process and will ensure you meet deadlines and have everything in by the specific deadlines and have the required paperwork completed and all the supporting documentation needed for your claim to succeed.
Timeline Of A Discrimination Case
After a lawsuit has been filed by your lawyer, your employer will be given ample time to file an answer to your claim. After your employer files its response, the case will enter a time frame, which is called discovery.
Even after the trial has concluded, both parties will have time to file post-trial motions. With that being said, the time could be extended and will vary greatly depending on the parties involved and their responses.
The complexity of your case as well as the nature of the evidence and documentation that you have will impact how long your workplace discrimination case will take.
An EEOC complaint has specific requirements, and you must make sure you adhere to all guidelines and meet the specific criteria set forth, so your claim is not dismissed. You want to have a successful workplace discrimination claim, so make sure you understand the process.
Getting A Discrimination Claim Underway
If you have been the victim of workplace discrimination, you should consult with an employment law attorney who handles workplace discrimination claims. Your lawyer will know the applicable state and federal laws and will be able to help you follow proper protocol to get an EEOC complaint underway.
Because time is limited, complete the Free Case Evaluation Form to learn how to proceed with your workplace discrimination claim. An attorney can help you determine the best way to proceed with your discrimination claim against your employer.