Sexual Harassment Lawsuits Can Take Between Three Months and Three Years – But Every Case Is Different
Sexual harassment lawsuits in New York can take anywhere from three months to three years to resolve, although some conclude much sooner and others require considerably more time. The overall timeline depends on factors such as whether an EEOC filing is required, the complexity of the evidence, the scope of discovery, the employer’s litigation strategy, the court’s schedule, and whether the case settles or proceeds to trial. The better approach is not simply to seek the fastest resolution, but to pursue the strategy most likely to achieve a successful outcome.
One of the first questions clients ask after deciding to pursue a sexual harassment claim is, “How long is this going to take?”
It is an understandable concern. A lawsuit can affect your career, your finances, your emotional well-being, and your plans for the future. Many employees want to know whether they should expect the case to be resolved in a matter of months or whether they are beginning a process that could last several years.
The honest answer is that most sexual harassment lawsuits in New York take somewhere between three months and three years. Some cases settle within a few months. Others require two or more years of litigation before reaching trial. Particularly complex cases – or those involving multiple parties, extensive discovery, appeals, or crowded court calendars – can take even longer.
The length of a case depends on many factors, including the strength of the evidence, the number of witnesses, whether the employer vigorously contests liability, the court in which the case is filed, and whether the parties are willing to engage in meaningful settlement discussions.
No experienced employment lawyer should promise that a case will be resolved within a particular period of time. What an attorney can do is explain the process, identify the factors likely to influence the timeline, and develop a strategy designed to move the case forward as efficiently as possible.
Is There a Typical Timeline for a Sexual Harassment Lawsuit?
No. Although many cases follow a similar procedural path, no two sexual harassment lawsuits are exactly alike.
A straightforward case involving a single plaintiff, one supervisor, a limited number of witnesses, and very strong evidence may settle relatively quickly. By contrast, a lawsuit involving multiple employees, extensive electronic discovery, disputed evidence, outside witnesses such as doctors or economists, or allegations of retaliation may require substantially more time.
The employer’s litigation strategy also matters. Some employers recognize early on that a claim has merit and pursue settlement soon after receiving notice of the allegations. Others deny liability, file dispositive motions, challenge discovery requests, and prepare aggressively for trial.
For that reason, the duration of a lawsuit is influenced not only by the facts of the case, but also by the decisions made by both sides throughout the litigation.
What Happens Before a Sexual Harassment Lawsuit Is Filed?
Before a complaint is filed in court, a significant amount of work often takes place behind the scenes.
An experienced employment attorney will begin by reviewing relevant documents, interviewing the client, identifying potential witnesses, analyzing the applicable federal, state, and local laws, and evaluating potential claims for sexual harassment, hostile work environment, retaliation, discrimination, or other unlawful conduct.
Depending on the circumstances, counsel may also review employment agreements, employee handbooks, performance evaluations, internal complaints, electronic communications, personnel records, and other evidence that will ultimately shape the litigation strategy.
Although clients are often eager to file immediately, careful preparation at this stage is essential to strengthening the case and avoiding unnecessary delays later in the litigation. In fact the work done with your attorney before you file the case is some of the most important work that will be done.
Does Filing With the EEOC Add Time to a Sexual Harassment Case?
It can. Not every sexual harassment case begins in court.
If an employee intends to pursue sexual harassment claims under Title VII of the Civil Rights Act of 1964, federal law requires the employee to first file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) and complete the administrative process before filing a federal lawsuit.
That process can add several months – and in some cases considerably longer – to the overall timeline.
By contrast, employees pursuing claims only under the New York State Human Rights Law or the New York City Human Rights Law may proceed directly to court without first obtaining a Right-to-Sue Letter from the EEOC.
Choosing the appropriate legal strategy at the outset can therefore affect not only the legal claims that are available but also how quickly litigation can begin.
Filing the Lawsuit Is Only the Beginning
Many clients assume that filing the complaint is the most significant milestone in the case.
In reality, it is often only the beginning.
Once the lawsuit is filed and served, the employer has an opportunity to respond. Depending on the circumstances, the employer may file an answer, assert affirmative defenses, challenge portions of the complaint, or seek dismissal of some or all claims.
The court then establishes a schedule governing discovery, motion practice, conferences, and, ultimately, trial.
From this point forward, the pace of the case is influenced by the court’s calendar, the parties’ cooperation, and the complexity of the issues involved.
What Is the Longest Stage of a Sexual Harassment Lawsuit?
In most sexual harassment lawsuits, the discovery process consumes the greatest amount of time.
Discovery allows both sides to obtain evidence through document requests, written interrogatories, depositions, subpoenas, requests for electronically stored information, and other investigative tools.
Employment cases often involve substantial amounts of evidence. Personnel files, emails, text messages, internal investigations, Human Resources records, performance evaluations, training materials, surveillance footage, electronic communications, and witness testimony may all become important during discovery.
It is also common for disputes to arise over what information must be produced. Courts may be asked to resolve disagreements concerning confidentiality, privilege, electronic discovery, or the scope of document requests.
Because discovery is frequently the most fact-intensive stage of the litigation, it often accounts for much of the overall duration of the lawsuit.
Do Most Sexual Harassment Cases Settle Before Trial?
Despite what television dramas suggest, most employment cases never reach a jury trial.
Settlement discussions often occur throughout the litigation. Sometimes they begin before a lawsuit is filed. In other cases, negotiations become more productive after key witnesses have been deposed or important documents have been exchanged.
Courts also frequently encourage mediation or settlement conferences, recognizing that negotiated resolutions may save both parties significant time, expense, and uncertainty.
The willingness of both sides to engage in meaningful negotiations can dramatically affect how long a case remains pending.
If the Case Goes to Trial, the Timeline Increases
When settlement efforts are unsuccessful, the litigation proceeds toward trial.
Before trial begins, the parties typically complete discovery, file pretrial motions, exchange witness lists and exhibits, prepare jury instructions, and address numerous procedural issues.
Trial dates are generally determined by the court’s calendar rather than the parties’ preferences. Depending on the county and the court involved, obtaining a trial date may require additional waiting even after discovery has been completed.
The trial itself may last several days or several weeks, depending on the number of witnesses and the complexity of the evidence.
If either party appeals, the litigation may continue well beyond the trial.
What Makes a Sexual Harassment Case Move Faster or Slower?
While every lawsuit follows its own path, several recurring factors influence how quickly a sexual harassment case progresses.
Cases often move more efficiently when the facts are relatively straightforward, the number of witnesses is limited, the parties cooperate during discovery, and the employer is willing to engage in meaningful settlement discussions.
Conversely, litigation may take longer when numerous witnesses must be deposed, large volumes of electronic evidence must be reviewed, discovery disputes require court intervention, multiple legal claims are asserted, testimony from outside professionals is necessary, or the employer vigorously contests liability.
Court congestion also plays an important role. Some courts simply have heavier caseloads than others, and scheduling delays are sometimes beyond the control of either party.
Should I Be Concerned If My Case Takes a Long Time?
Not necessarily.
Clients sometimes worry that a lengthy case means something has gone wrong or that the case lacks merit.
Often, the opposite is true.
Thorough discovery takes time. Depositions must be scheduled. Electronic evidence must be collected and reviewed. Courts must resolve disputed legal issues. Settlement negotiations may continue while both sides evaluate newly discovered evidence.
In many cases, patience allows the strongest evidence to emerge and positions the plaintiff more favorably for settlement or trial.
The objective should not simply be to finish the case as quickly as possible. It should be to achieve the most favorable result possible.
What Can I Do to Help My Case Move Efficiently?
Although many aspects of litigation are beyond a client’s control, there are important ways employees can contribute to an efficient process.
Responding promptly to requests from your attorney, preserving relevant documents and electronic communications, identifying witnesses early, maintaining organized records, and avoiding public discussion of the case can all help reduce unnecessary delays.
Equally important is maintaining realistic expectations. Litigation involves numerous procedural steps, many of which cannot be accelerated regardless of how strong the underlying claims may be.
An experienced attorney will keep you informed throughout the process and work to avoid unnecessary delays while protecting your legal interests.
Can a Lawyer Predict How Long My Case Will Take?
Not without knowing the facts. Internet articles frequently promise that sexual harassment lawsuits “usually” take a specific number of months.
Those estimates should be viewed with caution.
Meaningful predictions require an understanding of the particular facts of the case, the applicable legal claims, the identity of the employer, the anticipated discovery, the court in which the case will proceed, and the strategic objectives of both parties.
Only after evaluating those factors can an attorney provide a realistic assessment of the likely timeline.
Speak With a New York Sexual Harassment Lawyer About How Long Your Case May Take
If you are considering filing a sexual harassment lawsuit, it is natural to want to know how long the process will take. While no attorney can predict the exact duration of a particular case, careful planning, early investigation, and a thoughtful litigation strategy can help position your case for the most efficient and successful resolution possible.
At The Howley Law Firm, P.C., we represent employees throughout New York in sexual harassment, hostile work environment, retaliation, and workplace discrimination cases. From the initial investigation through discovery, settlement negotiations, trial, and appeal when necessary, we guide our clients through every stage of the litigation process while working to protect their rights and maximize their recovery.
If you believe you have experienced workplace sexual harassment, contact The Howley Law Firm today for a confidential consultation. We can evaluate your case, explain the litigation process, and provide a realistic assessment of the factors likely to influence the timeline of your claim.
Call (212) 601-2728. The consultation is free. Most of our cases are handled on contingency, and you owe no fee unless there is a recovery.
