What happens when I file a discrimination lawsuit?

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To begin an discrimination lawsuit, the employee files a complaint in either state or federal court.  Employers prefer to litigate in federal court, so they often remove the case to federal court. 

 

The attorneys then hold a 26(f) conference in which they develop a plan for discovery.  Once the court approves the plan by issuing a scheduling order, the parties begin discovery.  

 

Generally, the employer takes the plaintiff's deposition first, and then the parties take the depositions of the remaining witnesses. 

 

After discovery, the employer usually files a Motion for Summary Judgment, which asks the court to dismiss the case based on the facts discovered through the various tools in the discovery process. These motions are often granted, and when they are, the case is dismissed. 

 

Where the employee's case survives summary judgment, the parties often reach a resolution through mediation.  Where a settlement cannot be reached, the case goes to trial. 

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Our discrimination lawyers can help you understand the employee litigation process. Please contact our office at 501-954-8073 for more information.

 

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