How Long Does It Take To Win A Discrimination Case?
By Corey Hanrahan
How long does it take to win a discrimination case? Discrimination cases can take anywhere from months to years to resolve. Discrimination cases can be difficult cases to litigate, due to the burden of proof framework.
California court’s apply a test called the “McDonnel Douglas/Burdine” test from the Title VII, for employment discrimination cases under the Fair Employment and Housing Act.
“…the burden then shifts back to the employee to prove that the employer’s proffered legitimate reason for taking the action was pretextual (meaning simply an excuse by the employer to cover up the true illegal reason)…“
Under this test, the employee must prove that the employer’s conduct was discriminatory. After the employee proves that there is evidence that the employer’s conduct was discriminatory, the burden shifts to the employer to prove that it had a nondiscriminatory, legitimate business reason for taking the action it did. If the employer establishes that, the burden then shifts back to the employee to prove that the employer’s proffered legitimate reason for taking the action was pretextual (meaning simply an excuse by the employer to cover up the true illegal reason).
Discrimination cases are, for the most part, won and lost on the issue of the employee being able to prove that the employer’s proffered reason for taking action was pretextual. Proving that requires the skill of an experienced and knowledgeable discrimination attorney.
Attorney Corey Hanrahan of the Hanrahan Firm has helped numerous employees prevail on discrimination claims. If you have been subjected to any form of discrimination at work, contact The Hanrahan Firm for a free consultation.
