Employment discrimination cases are not just about timelines: they are about justice, accountability and protecting your livelihood. If you’re considering filing a lawsuit against your employer, it is natural to wonder what the process will look like and how long it might take. In a consultation with our employment rights lawyers, one of the most frequently-asked questions is “How long does an employment discrimination case take?”
The honest answer is that it depends. Some employment discrimination cases resolve in a matter of months, while others may take a year or more — especially if they proceed to litigation or trial. The timeline can vary significantly based on the facts of the case, the type of claim, the employer’s response, and whether the matter is resolved through mediation, settlement or judgment.
For employees in North Carolina and South Carolina, understanding the typical employment discrimination case timeline can help set realistic expectations and reduce uncertainty during what is often a stressful time. Below is a breakdown of how these cases typically unfold.
Employment Discrimination Case Timelines
- Within the First 6 Months From the Date of the Incident.
The first step to resolving a situation of workplace discrimination, retaliation, wrongful termination or other wrongdoings at work is to file a complaint with your employer. You should follow the process exactly as it is described in your employee handbook. If your complaint is not successfully resolved by your employer, filing a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) is the next step.
Legal action must be brought forth to the EEOC within a stated filing deadline, referred to as a statute of limitations. These deadlines are 180 days in North Carolina, and 300 days in South Carolina. A workplace discrimination attorney can file a complaint with the EEOC on your behalf and help ensure you do not miss critical deadlines to pursue a claim against your employer.
- Up to 6 Months After a Charge of Discrimination is Filed.
An employee cannot sue their employer without first reporting concerns to the EEOC. After a Charge of Discrimination is filed, the EEOC has 180 days to take action. If no action is taken after six months, or if the situation still has not been successfully resolved, your attorney can request a Right to Sue letter which allows you to move forward with a lawsuit.
- Resolution Through a Settlement or Judgment.
Many employment discrimination cases are resolved without going to trial. Settlement negotiations can happen at virtually any stage of the case. If the parties reach an agreement, the case may be resolved within months rather than years. Cases that go to trial without settlement are resolved through a jury verdict or a judge’s ruling, and often take a year or longer to move through the stages of pleadings, discovery, pre-trial motions, and the trial itself.
For more information on each step of the process, see: How to File an Employment Discrimination Lawsuit.
Factors That Could Influence the Timeline of an Employment Lawsuit
The details of an employment lawsuit play a major role in determining the timeline. For example, a wrongful termination case with clear documentation may move more quickly than a complex case involving multiple claims of discrimination, retaliation and harassment. Cases involving high-level executives, large employers, or systemic discrimination also tend to require more extensive discovery.
The strength and availability of evidence can significantly affect how long an employment discrimination lawsuit takes. If key evidence is readily available and clearly supports your claim, discussions may move faster. On the other hand, if evidence is disputed, incomplete, or requires extensive review, the process may take longer. Strong evidence may include:
- Emails or written communications
- Performance evaluations
- Witness testimony
- Company policies
- Text messages
- Internal complaints
An employer’s level of cooperation can heavily influence the timeline. Some employers engage in early mediation, participate in good-faith settlement discussions, and provide requested documents promptly. Others file motions to dismiss, contest every stage of the process, delay producing evidence, and refuse early settlement. When an employer aggressively litigates a case, it can extend the timeline significantly.
Herrmann & Murphy Helps You Act Quickly and Move Efficiently
The amount of time it will take to sue your employer is a major consideration. It is also important for your attorney to consider whether you have a strong claim and how best to pursue it. Herrmann & Murphy represents employees throughout North Carolina and South Carolina who have experienced unlawful behavior in the workplace, and our goal is always to make the process as smooth as possible.
Working with an experienced employment discrimination attorney can help streamline the legal process and avoid unnecessary delays. Even though the overall process can take months or years, deadlines at the beginning of the case are strict. Missing the EEOC filing deadline of 180 days in North Carolina or 300 days in South Carolina can weaken your case.
To discuss your situation, request a consultation or contact the team at one of our two locations:
- Call (704) 940-6399 to reach our North Carolina law office in Charlotte
- Call (864) 516-7526 to reach our South Carolina law office in Greenville
OUR RESULTS: See our Client Testimonials for details on our track record of success.
