How Long Does It Take to Settle an Employment (D) Discrimination Case?

What is Considered Workplace Discrimination in Illinois?

Workplace and employment discrimination is a serious matter that affects many workers across the United States and Illinois. Discrimination in the workplace usually occurs when an employer, supervisor, or colleague mistreats a worker or job applicant because of their race, religion, age, gender, or other protected characteristics. Employment discrimination can take many forms, including unequal pay, wrongful termination, denial of promotions, harassment, and retaliation.

Federal laws, including the Civil Rights Act, the Americans with Disabilities Act, and the Equal Pay Act, prohibit discrimination in the workplace. The Illinois Department of Human Rights also addresses discrimination claims within the state.

If you face employment discrimination as an employee or a job applicant, you need the professional legal guidance of experienced employment attorneys. Our Lombard-based law firm has extensive experience in representing clients in discrimination legal matters, and we will be proud to represent your legal rights in pursuit of a favorable outcome to your employment case period. To learn more about our services, please contact our law office to schedule your free initial consultation.

What Are Common Types of Discrimination in the Workplace?

Employment discrimination is a sinister problem within Illinois workplaces. Discriminatory practices do not always look the same, and very few discrimination cases are identical. If you are being treated differently from others in the workplace due to a protected class or characteristic, you may be experiencing discrimination at your place of employment.

Protected classes under state and federal laws include, but are not exclusive to, the following:

•         Age, if 40 or older
•         Color
•         Gender and gender identity
•         Mental or physical disability
•         National origin
•         Pregnancy
•         Race
•         Sexual orientation
•         And more

Discriminatory practices committed by employers, managers, and coworkers may include the following:

•         Deciding not to provide adequate training because of your age
•         Disability discrimination
•         Equal pay violations
•         Failure to provide reasonable accommodations if you have a disability
•         Inappropriate questions about whether you are planning to have children or raise a family
•         Lower pay than someone of the opposite gender
•         Not considering you for a promotion based on your protected class
•         Refusing a job position because of your race
•         Sexual harassment
•         And more

How Long Does It Usually Take to Resolve Employment Discrimination Cases in IL?

Many Illinois employment discrimination cases take several months to a few years to resolve. The legal process usually involves filing an official complaint, sparking thorough investigations. This is followed by the discovery phase, settlement negotiations, and, if necessary, trial. The specific duration of a workplace discrimination case will vary depending on several circumstances unique to each case.

One factor that may influence the duration of your discrimination case is the workload and schedule of the Equal Employment Opportunity Commission (EEOC) and the courts.

You may wonder when to seek legal assistance with the complex matters of workplace discrimination and the law. We recommend seeking legal counsel at the very beginning of the process. Attempting to file a discrimination claim or gather evidence on your own can be overwhelming, time-consuming, and potentially result in errors. The support of an experienced attorney can be invaluable throughout the process.

What is the Average Timeline for an EEOC Settlement?

After filing a complaint with the EEOC, the federal government agency typically conducts a thorough investigation into the facts of the matter, and just this investigation may take several months to conclude.

The complete timeline for obtaining a settlement from the EEOC can vary widely based on several factors. The entire legal process could be resolved within a year if a settlement agreement is reached during the EEOC conciliation process. Should the case result in litigation and a trial, it will likely take longer to resolve.

If you have been the victim of employment discrimination, contact a qualified employment discrimination attorney immediately. Your lawyer can help advise you of your legal rights, assist you in filing charges, negotiating settlements, considering lawsuit options, preparing for trial, and appealing court verdicts.

What Factors Could Influence the Legal Process Timeline?

Your case’s complexity, jurisdiction, and court backlogs directly influence the timeline of discrimination cases.

Factors that could affect the timeline of your discrimination case may include the following:

•         The type of discrimination may involve distinct legal processes. For example, sexual harassment cases often require a more comprehensive investigation, which can impact the total duration of the legal matter
•         Evidence gathering is critical for any discrimination claim. The process involves collecting relevant documents, interviewing possible witnesses, and working with lawyers to build a strong and compelling case. The more evidence that is required, the longer your case is likely to take to resolve
•         The cooperation of employers and other parties significantly influences the legal process. If the employer is unwilling to cooperate, it is likely to result in a more drawn-out case
•         Some discrimination cases may undergo arbitration or mediation to facilitate a settlement between the parties involved. While mediation can sometimes expedite the process, it can also slow things down if no agreement can be reached
•         The involvement of the EEOC is common in many workplace discrimination cases. However, investigations by the federal agency can affect the overall timeline, especially if the agency has a backed-up caseload

Why Might Your Employment Discrimination Case Take Longer to Settle?

Common causes for discrimination cases taking longer to settle than others include the following:

•         If a lawsuit is filed, courtroom proceedings may extend the timeline dramatically. Scheduling dispositions, gathering relevant evidence, and preparing for trial before a judge and jury can result in delays. Additionally, the courts may have a long backlog of cases, which can make scheduling more difficult
•         Disputes between the parties or their lawyers can result in delays. It is wise to avoid legal disputes, if possible, but sometimes they prove necessary. Negotiating terms, addressing conflict, and navigating the legal system can prolong the process
•         The more complex the discrimination case is, the longer it is likely to take to settle. Cases that involve multiple additional parties, intricate legal matters, extensive evidence, and legal disputes often prolong the settlement process

What is the Statute of Limitations for Filing Discrimination Claims?

Formerly, the deadline for filing employment discrimination, harassment, or retaliation claims with the Illinois Department of Human Rights was 300 calendar days. As of January 1st, 2025, the statute of limitations for filing claims of civil rights violations has been extended to two years in Illinois.

Illinois now has one of the longest statutes of limitations for any state employment discrimination claims.

The statute of limitations for federal employment discrimination claims brought in Illinois still requires them to be filed with the EEOC within 300 days of the alleged discrimination.

Schedule a Free Consultation with Our Chicago Employment Law Attorneys Today

If you are facing discrimination as a worker or job applicant, you should seek legal representation to defend your rights and help you hold the defendants accountable for their actions. Our Illinois law firm has years of experience assisting clients with complex employment law matters, including workplace discrimination cases. As your attorneys, we will help you throughout the entire process in pursuit of the optimal outcome of your case.

To learn more about our legal services and how we may assist during this difficult time, please contact our law offices to schedule a free case evaluation with our employment lawyers today.

Call us at 630-394-6350.