Do Most Sexual Harassment Cases Settle or Go to Trial?
Most sexual harassment lawsuits are resolved through settlement rather than trial, but no attorney can guarantee that a particular case will settle. The likelihood of settlement depends on the strength of the evidence, the legal issues involved, the employer’s willingness to negotiate, and the parties’ litigation strategies. The cases that often produce the strongest settlements are those that are thoroughly prepared for trial. Employers negotiate most seriously when they know the employee and the employee’s attorney are fully prepared to present the case to a jury if necessary.
After learning that they have a potential sexual harassment claim, many employees ask the same question:
“Will my case actually go to trial, or will it settle?”
The honest answer is that most sexual harassment lawsuits settle before reaching a jury verdict. At the same time, no experienced employment lawyer can – or should – guarantee that your case will settle.
Whether a case resolves through settlement or proceeds to trial depends on many factors, including the strength of the evidence, the employer’s willingness to accept responsibility, the damages involved, the credibility of the witnesses, the legal issues presented, and the strategic decisions made by both sides throughout the litigation.
Perhaps the most important point to understand is this: the cases that produce the strongest settlements are often the cases that are thoroughly prepared for trial.
Employers are far more likely to negotiate seriously when they know the employee and the employee’s attorney are fully prepared to present the case to a jury if a fair resolution cannot be reached.
Why Do So Many Sexual Harassment Cases Settle Instead of Going to Trial?
Television courtroom dramas often create the impression that every lawsuit ends with dramatic witness testimony and a jury verdict.
The reality is very different.
The overwhelming majority of civil lawsuits – including employment discrimination and sexual harassment cases – are resolved through negotiated settlements rather than trials. This reflects practical realities rather than legal weakness.
Trials are expensive. They require significant time, extensive preparation, multiple witnesses, testimony from outside professionals in some cases, and substantial commitments of financial and human resources from both parties. They also involve risk. Neither side can predict with certainty how a judge or jury will evaluate conflicting testimony or disputed evidence.
For these reasons, both employees and employers frequently conclude that a negotiated resolution provides greater certainty than asking a jury to decide the outcome.
That does not mean settlement is inevitable. Some employers refuse to negotiate reasonably. Others genuinely dispute what occurred. In those situations, trial may become necessary to obtain justice.
When Can a Sexual Harassment Case Settle?
Many employees assume settlement negotiations occur only after a lawsuit has been filed. In fact, meaningful discussions can begin at virtually any point in the process.
Some disputes are resolved before litigation begins, after an attorney presents the employee’s claims and supporting evidence. Others settle shortly after the complaint is filed. Many cases resolve during discovery after key documents have been exchanged or important witnesses have testified under oath.
Courts also frequently encourage mediation or settlement conferences after discovery has progressed sufficiently for both sides to evaluate the strengths and weaknesses of the case.
Even cases scheduled for trial often settle shortly before jury selection – or, in some instances, while the trial itself is underway.
Settlement is therefore not a single event. It is a process that may continue throughout the litigation.
Why Do Employers Choose to Settle?
Every employer evaluates litigation differently, but several considerations commonly influence settlement decisions.
An employer may conclude that the evidence supporting the employee’s claims is persuasive, that the potential cost of continued litigation exceeds the value of settlement, or that resolving the dispute confidentially is preferable to public courtroom proceedings.
Employers may also wish to avoid the uncertainty of a jury trial, the disruption caused by depositions of managers and executives, the expense of electronic discovery, or the possibility that additional information will emerge during litigation.
Importantly, a settlement does not necessarily mean the employer admits wrongdoing. Most settlement agreements expressly state that liability is denied, even when substantial compensation is paid to resolve the dispute.
Likewise, an employer’s decision to continue litigating does not necessarily mean the employee’s claims lack merit. Litigation strategy involves many considerations beyond the underlying facts.
Why Do Some Sexual Harassment Cases Go to Trial?
Although settlement is common, some sexual harassment cases ultimately require a jury to determine the facts.
This may occur because the parties fundamentally disagree about what happened, because important witnesses present conflicting testimony, because the employer disputes the legal significance of the alleged conduct, or because the parties cannot agree on appropriate compensation.
In other cases, the dispute involves important legal questions affecting company policies or workplace practices that neither side is willing to compromise.
When negotiations fail, trial becomes the mechanism through which the legal system resolves those disagreements.
A jury’s role is to evaluate the evidence, determine the credibility of the witnesses, apply the law as instructed by the court, and decide whether unlawful harassment occurred and, if so, what damages should be awarded.
Does the Strength of the Evidence Affect Whether a Case Settles?
It often does. The likelihood of settlement is influenced by the quality – not simply the quantity – of the available evidence.
Cases supported by consistent testimony, contemporaneous complaints, electronic communications, witness corroboration, employment records, and credible evidence of emotional or economic harm often place greater pressure on employers to evaluate settlement realistically.
Conversely, cases involving significant factual disputes, limited corroborating evidence, or unresolved legal issues may require additional discovery before either side can accurately assess litigation risk.
As the evidence develops through document production, depositions, and analysis by outside professionals, each side continually reevaluates its position. It is not uncommon for settlement negotiations to become substantially more productive after discovery reveals information that was previously unavailable.
Does Preparing for Trial Delay a Settlement?
Many clients mistakenly believe that preparing for trial delays settlement. In reality, the opposite is often true.
Experienced employment lawyers prepare every significant case as though it will ultimately be tried before a jury. That preparation includes identifying witnesses, obtaining documents, preserving electronic evidence, conducting depositions, researching the applicable law, consulting outside professionals when appropriate, and developing a persuasive presentation of the facts.
This preparation serves two important purposes.
First, it ensures the case is ready if trial becomes necessary.
Second, it demonstrates to the employer that the employee is prepared to prove the case before a jury.
Employers and their attorneys carefully evaluate opposing counsel’s willingness and ability to proceed to trial. Cases that are thoroughly prepared frequently command greater respect during settlement negotiations because the risk of trial becomes both real and immediate.
The willingness to try a case often strengthens the opportunity to settle it on favorable terms.
What Is Mediation in a Sexual Harassment Case?
Many sexual harassment lawsuits are resolved through mediation.
Mediation is a confidential settlement process in which a neutral third party works with both sides to explore the possibility of a negotiated resolution. Unlike a judge or jury, the mediator does not decide who wins or loses. Instead, the mediator helps the parties identify areas of agreement, evaluate litigation risks, and consider potential settlement options.
Mediation can occur before a lawsuit is filed, during discovery, after summary judgment motions, or even shortly before trial.
Although mediation often results in settlement, participation does not require either party to accept an agreement. If no acceptable resolution is reached, the litigation simply continues.
Should I Accept the First Settlement Offer?
Usually not. The first settlement offer is often the beginning – not the end – of negotiations.
An offer should be evaluated in light of many factors, including the available evidence, the legal claims, the potential damages, the risks of continued litigation, the expected cost and duration of trial, and the client’s personal objectives.
Some clients prioritize financial recovery. Others seek confidentiality, a positive employment reference, changes to company policies, or simply the opportunity to move forward with their lives.
An experienced employment attorney helps clients evaluate settlement proposals carefully rather than reacting emotionally to early offers.
The decision whether to settle always belongs to the client, but it should be made only after understanding both the strengths of the case and the uncertainties inherent in litigation.
What Happens If My Case Goes to Trial?
If settlement cannot be reached, the case proceeds toward trial.
By that stage, discovery has been completed, witnesses have been identified, documentary evidence has been exchanged, and the court has resolved most legal disputes affecting the presentation of the case.
During trial, each side presents testimony, documents, electronic evidence, and legal arguments. Witnesses testify under oath and are subject to cross-examination. At the conclusion of the evidence, the judge instructs the jury regarding the applicable law, and the jury deliberates before returning a verdict.
Although trials require substantial preparation, they also provide employees with the opportunity to present their experiences publicly and ask an impartial jury to decide whether the employer violated the law.
Is Settlement the Only Measure of Success in a Sexual Harassment Case?
No. Employees sometimes focus exclusively on whether a case settles, as though settlement itself determines success.
That perspective overlooks a more important question: whether the resolution fairly reflects the strength of the case and the client’s goals.
A prompt settlement may be appropriate in one case. Another may require extensive litigation before meaningful negotiations become possible. Still another may need to proceed through trial to obtain justice.
Success should not be measured by whether a case settles or reaches a verdict. It should be measured by whether the strategy chosen serves the client’s interests and protects the client’s legal rights.
Can Anyone Predict Whether My Case Will Settle or Go to Trial?
There is no formula that predicts whether a particular sexual harassment lawsuit will settle or proceed to trial.
The answer depends on the evidence, the applicable law, the employer’s response, the litigation strategy, and the objectives of the parties involved.
That is why experienced employment attorneys evaluate each case individually rather than relying on generalized assumptions or statistics.
From the earliest stages of the representation, the goal should be to build the strongest possible case while remaining open to any resolution that serves the client’s interests.
Speak With a New York Sexual Harassment Lawyer About Settlement and Trial
If you have experienced workplace sexual harassment, one of the most important decisions you can make is choosing an attorney who is prepared to pursue your case wherever the evidence leads.
At The Howley Law Firm, P.C., we prepare every sexual harassment case with the expectation that it could ultimately be decided by a jury. That disciplined approach strengthens our ability to negotiate favorable settlements while ensuring that we are ready to present a compelling case at trial whenever necessary.
We represent employees throughout New York in sexual harassment, hostile work environment, retaliation, and workplace discrimination matters. From the initial investigation through settlement negotiations, mediation, trial, and appeal when appropriate, we are committed to protecting our clients’ rights and pursuing the most favorable outcome under the law.
If you believe you have been subjected to workplace sexual harassment, contact The Howley Law Firm today for a confidential consultation. We can evaluate your case, explain the litigation process, and develop a strategy designed to achieve the resolution that serves your goals.
John Howley spent nearly two decades at Kaye Scholer LLP defending companies such as Pfizer and Citibank, and we now stand with employees against companies like them.
Call (212) 601-2728 to talk about your case. There is no charge for the consultation. We work on contingency in most matters, so there is no fee unless there is a recovery.
