Your Discrimination or Harassment Lawsuit: What to Expect
Navigating Your Discrimination or Harassment Lawsuit: What to ExpectBringing a discrimination or harassment lawsuit can be unfamiliar territory. While certain procedures apply to all civil lawsuits, there are unique aspects to discrimination and harassment claims that you should be aware of from the outset.
Understanding EEOC and MCAD: Where It BeginsEvery discrimination and sexual harassment claim initiates with an administrative agency, either the Equal Employment Opportunity Commission (EEOC) at the federal level or the Massachusetts Commission Against Discrimination (MCAD) at the state level. You don't have to file with both; filing with one automatically opens a docket with the other.
Once you've filed, you face a decision: continue with the agency process until resolution or settlement, or transfer your case to state or federal court. Grasping Statute of LimitationsNavigating the statute of limitations for discrimination and harassment claims can be perplexing. In Massachusetts, you have approximately ten months (300 days) from the discriminatory act to file with the EEOC or MCAD.
After filing with either agency, you have three years from the discriminatory act to file a court case if you opt to do so. Keep in mind that cases in MCAD sometimes extend beyond the three-year limit. If that occurs, you may lose your chance to file a state court claim based on dissatisfaction with the MCAD proceedings. The federal court timeline operates differently. If you request EEOC dismissal or face a dismissal on merits, you have 90 days from the dismissal notice to file in federal court, even if it's been more than three years. The key takeaway: 300 days pass quickly, so timely action is crucial. If you're running out of time and don't have an attorney yet, consider filing a pro se (meaning without an attorney) complaint with EEOC or MCAD while actively seeking legal representation. Understanding Timelines in a Discrimination LawsuitThe timeline for discrimination and harassment cases in MCAD or EEOC can vary significantly, with some cases languishing for years without substantial progress.
Should you decide to proceed to court, you'll have to wait at least 90 days after filing before removing your case from MCAD. Once done, you file in court, and a discovery schedule is established (usually 9 months to a year). Following discovery, the defendant may file a summary judgment motion to convince the court that you lack evidence. This process adds approximately two months, allowing time for briefing, arguments, and court decisions. Traditionally, trial dates follow summary judgment by several months, but court backlogs due to the pandemic have made this unpredictable. Despite the uncertainty, it's wise to have an attorney guide you through this complex process. Assessing Discrimination and Harassment DamagesUnderstanding potential damages is essential. If you were terminated due to discrimination, the primary damages involve lost wages, calculated from termination to judgment. This amount is offset by any replacement income and unemployment benefits, promoting the mitigation of damages concept. Emotional distress damages can also be pursued, contingent on your ability to demonstrate emotional distress and the severity of the employer's behavior.
For sexual harassment claims, damages vary. In cases where the environment is intolerable, and a reasonable person wouldn't endure it, you might claim "constructive discharge." This entails similar damages as wrongful termination cases. If you can't prove constructive discharge, you can still seek damages for emotional distress. Denied promotions or job opportunities due to harassment can also be included. Retaliation termination following harassment reporting may lead to wrongful termination damages. In successful claims, the employer covers your costs, attorney fees, and interest on damages from the complaint filing date. |
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Navigating Discovery in Your Suit
The discovery process gathers relevant case information. It often surprises individuals with its broad scope. During this stage, both parties must provide documents, answer written questions (interrogatories), admit or deny specific facts, and provide deposition testimony.
While answering questions you may prefer to avoid, remember that the other party must reciprocate. Your attorney can object to inappropriate requests, ensuring your attorney reviews all relevant documents even if they won't be produced.
Depositions are crucial, with your lawyer guiding you through preparation. Depositions usually take a day and occur at the opposing attorney's office.
While answering questions you may prefer to avoid, remember that the other party must reciprocate. Your attorney can object to inappropriate requests, ensuring your attorney reviews all relevant documents even if they won't be produced.
Depositions are crucial, with your lawyer guiding you through preparation. Depositions usually take a day and occur at the opposing attorney's office.
Managing Costs
Costs in your case depend on your attorney's fee arrangement. With hourly billing, expenses vary. It's advisable to discuss budgets for different discovery aspects.
Under a contingency fee agreement, you pay no attorney fees until you recover compensation, either via judgment or settlement. You'll encounter out-of-pocket costs, including court filing fees and deposition transcript fees ($300-$900 per deposition). Cases requiring expert testimony incur additional costs.
Under a contingency fee agreement, you pay no attorney fees until you recover compensation, either via judgment or settlement. You'll encounter out-of-pocket costs, including court filing fees and deposition transcript fees ($300-$900 per deposition). Cases requiring expert testimony incur additional costs.
Staying in the Loop With Your Lawyer
Your lawyer should keep you informed of case developments, settlement offers, or any questions or concerns you may have. Understand that periods of inactivity can occur between case milestones, like waiting for opposing responses or court actions.
Evaluating Settlement Offers
Over 97% of civil cases reach settlements. Your lawyer will help you assess offers, considering both your subjective willingness and an objective analysis of potential trial results.
Settlement means compromise. While it may not fully satisfy your expectations, it may provide what you need to move forward. Your attorney evaluates offers based on estimated trial outcomes, especially when offered early in the case before substantial time and money investment.
Settlement means compromise. While it may not fully satisfy your expectations, it may provide what you need to move forward. Your attorney evaluates offers based on estimated trial outcomes, especially when offered early in the case before substantial time and money investment.
How Our Employment Lawyers Can Help
Our experienced legal team is here to guide you through every step of your discrimination or harassment lawsuit, from initiating proceedings with EEOC or MCAD to navigating the complex legal processes and assessing settlement offers. We provide expert counsel to ensure you make informed decisions and seek the compensation you deserve.You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
