Should I Settle My Discrimination Lawsuit or Go to Court?

If you’ve experienced workplace discrimination, harassment, or a hostile work environment, and you’re considering taking legal action, one of the most important decisions you’ll face is whether to settle your case or pursue it in court. Both options have pros and cons, and your choice will depend on various factors, including the strength of your case, your goals, and the potential for compensation. As you weigh your options, consulting with an experienced workplace discrimination lawyer can help you understand the benefits and risks of each path.

Settling Your Workplace Discrimination Lawsuit

A settlement is an agreement between you (the plaintiff) and your employer (the defendant) where you agree to resolve the case outside of court, often in exchange for a financial payment. Many employees in discrimination cases choose to settle for various reasons.

Pros of Settling:

• Quicker Resolution: Settling a case is usually faster than going to trial. Trials can take months or even years, and the lengthy process can add stress to an already difficult situation.
• Certainty of Compensation: A settlement provides a guaranteed outcome. You will receive an agreed-upon amount of compensation, which can include damages for emotional distress, lost wages, and other losses.
• Less Stressful: Trials can be emotionally taxing and public. Settling allows you to avoid the courtroom and the potential for a prolonged battle.
• Confidentiality: Settlements are often confidential, meaning that the details of the case and the agreement won’t be made public, which can be especially appealing in sensitive cases, such as sexual harassment lawsuits.

Cons of Settling:

• Lower Compensation: Settling usually means you won’t receive the maximum compensation that might be awarded by a judge or jury. In some cases, settlements offer less than what could potentially be obtained through a trial.
• No Admission of Wrongdoing: Often, employers settle discrimination cases without admitting any wrongdoing, which can feel unsatisfying if you want public acknowledgment of the harm you experienced.

Going to Court for a Workplace Discrimination Lawsuit

If you choose to go to court, your case will be heard by a judge or a jury, and the decision will be made based on the evidence presented.

Pros of Going to Court:

• Potential for Larger Damages: If you win in court, you could be awarded punitive damages in addition to compensatory damages, which may result in a larger financial payout. A jury may also feel more sympathy for your case and decide to award you a larger amount.
• Public Acknowledgment: A trial allows you to make your case public, which could bring attention to the issues of workplace discrimination and provide you with validation.
• Full Trial Process: A trial gives you the opportunity to present all of the evidence and have it evaluated by a judge or jury, which might lead to a more thorough assessment of your case.

Cons of Going to Court:

• Uncertainty: Going to trial comes with no guarantee of success. Even if your case is strong, there’s always a risk that a jury or judge may not rule in your favor.
• Longer Timeline: Trials can take a long time to schedule and resolve, leading to a lengthy and stressful process. Additionally, the appeals process can extend the timeline even further.
• Higher Costs: Trials are generally more expensive than settling, as they require legal fees, expert witness fees, and additional costs associated with preparing for and attending court hearings.

What Are the Key Considerations?

1. Strength of Your Case: The strength of your workplace discrimination lawsuit plays a major role in your decision. If you have strong evidence, such as witness testimony, documentation, or clear patterns of discrimination or harassment, you may be more likely to win at trial. On the other hand, if your case is more difficult to prove, settling might be the safer option.
2. Desired Outcome: What are your goals? If you’re seeking punitive damages or a public acknowledgment of wrongdoing, a trial might be more appropriate. However, if you’re primarily interested in obtaining compensation and moving on with your life, settling could offer a more immediate resolution.
3. Financial Compensation: Compare the damages being offered in the settlement to what you might realistically expect in court. If the settlement is close to what you could win at trial, settling might make sense. However, if you believe the potential trial outcome could result in more compensation, going to court may be worth the risk.
4. Emotional Considerations: Litigation can be emotionally draining. If you’re already dealing with the effects of workplace harassment or discrimination, the stress of going to trial might not be worth it. A settlement allows you to move forward more quickly and with less emotional toll.

Making an Informed Decision 

Deciding whether to settle your workplace discrimination case or take it to trial is a personal and strategic decision. Settlements offer a quicker, more certain resolution, but often with less compensation, while trials offer the potential for a larger payout and public recognition of the harm you’ve suffered. Consulting with New York employment lawyers or a workplace discrimination lawyer can help you evaluate your case and decide on the best course of action based on your circumstances. Understanding the pros and cons of both options will enable you to make an informed decision that aligns with your goals and values.

Call Us

We at Filippatos PLLC stand in proud solidarity with all employees. If you are experiencing discrimination, harassment or retaliation in the workplace, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.