How Long Does a Retaliation Lawsuit Take in Los Angeles?

How long does a retaliation lawsuit take? For employees in Los Angeles, the answer depends on the steps you take and the forum you choose. Most retaliation cases begin with a government agency filing, such as the EEOC or California’s Civil Rights Department, before moving into court.

Timelines can range from a few months if your case settles in mediation, to over a year if it proceeds through investigation, discovery, and trial. Missing key deadlines or skipping required steps can delay or even derail your case.

This guide breaks down the process stage by stage so you’ll know what to expect and how to protect your rights from the start.

Common Pitfalls and Missed Deadlines

One of the biggest challenges employees face in retaliation cases is navigating the maze of deadlines and procedural rules.

Many don’t realize that the EEOC deadline to file can be as short as 180 days, or 300 days in states like California with additional enforcement agencies. Others overlook that California workers generally have three years to file with the Civil Rights Department (CRD).

Even after filing, confusion sets in, EEOC investigations can take about 10 months, though mediation may resolve a case in under 3 months. And once a Right-to-Sue letter is issued, the clock starts again: federal law allows only 90 days to file in court, while California’s FEHA provides one year.

Missing even one of these windows can cost someone their entire claim.

• They don’t know the first deadline to file with EEOC is 180 days in most states, or 300 days where a state agency also enforces anti-discrimination laws (like California).
• In California, workers generally have three years to file a complaint with the Civil Rights Department (CRD).
• EEOC investigations average about 10 months; mediation can resolve many charges in under 3 months.
• After a federal Right-to-Sue, you have 90 days to file in court.
• After a CRD Right-to-Sue under California law (FEHA), you have one year to file in court.

In this article, you’ll learn how to avoid these pitfalls and make informed choices.

What to Expect: Timeline by Stage

Understanding how long a retaliation lawsuit takes means looking at each stage in order, from the initial agency filing, to obtaining a Right-to-Sue letter, to the court process itself.

Each step has its own deadlines and average timeframes, which together shape the overall timeline of your case.

1. Agency filing (EEOC or CRD)
   Most retaliation claims start by filing a charge/complaint with a government agency.
   • Federal (EEOC): File within 180 days, or 300 days in states like California. EEOC says investigations average ~10 months, but many matters settle faster in mediation (often <3 months).
   • California (CRD under FEHA): You generally have three years to submit an intake form for employment discrimination or retaliation. If you prefer to move directly to court, you can request an immediate CRD Right-to-Sue.
2. Right-to-Sue windows
   • Federal law: After EEOC issues a Notice of Right-to-Sue, you have 90 days to file a lawsuit.
   • California FEHA: After CRD issues a Right-to-Sue, you have one year to file in court.
3. Court phase (Los Angeles, CA)
   Once filed in court, timing varies with discovery, motions, and trial dates. California’s judicial standards set a goal for trial courts to dispose of all general civil cases within two years of filing (California Standards of Judicial Administration, §2.2). Some cases settle sooner; cases that go to trial may take longer.

A Common Mistake: Skipping the Agency Step or Missing Deadlines

Many people try to file a retaliation lawsuit first. Under federal law, you generally must file a charge with EEOC before suing (and then meet the 90-day deadline after your Right-to-Sue). Under California FEHA, you must either complete the CRD process or obtain an immediate Right-to-Sue before filing in court. The correct approach is to pick the forum that fits your goals (EEOC, CRD, or both via dual filing) and calendar every deadline.

What Results to Expect if You Follow These Steps

If you use mediation at EEOC, many disputes resolve faster, often in under 3 months, compared to a full investigation. If your case proceeds to court in Los Angeles, plan for a schedule that could run many months, with the state’s goal of resolving general civil cases within two years of filing. Filing the right complaint on time and choosing the correct path (agency resolution vs. litigation) are the biggest factors you control.

Can I settle a retaliation case before going to court?

Yes. Many retaliation claims resolve through EEOC or CRD mediation, often within a few months. Settlement can save time and legal expenses compared to waiting for a full investigation or trial.

Do I need a lawyer for a retaliation lawsuit?

While you can file a complaint on your own, retaliation cases involve strict deadlines and complex rules. An experienced retaliation attorney or employment lawyer can help ensure filings are timely, protect your rights, and improve your chances of success.

How long does a retaliation lawsuit take?

It depends on the path. EEOC says investigations average about 10 months, while mediation may end a case in under 3 months. If you file in California court, the statewide goal is to dispose of general civil cases within two years of filing.

How do I file a retaliation complaint or claim?

• EEOC (federal): Start with an online inquiry/charge; watch the 180/300-day deadline.
• CRD (California): Submit an intake form within three years; you can also request an immediate Right-to-Sue if you plan to go straight to court.

Do I need a Right-to-Sue letter?

Usually, yes. Federal: You must file in court within 90 days after EEOC issues the letter. California FEHA: You have one year to file after a CRD Right-to-Sue.

What are the deadlines to start?

• EEOC: 180 days, or 300 days in California.
• CRD (FEHA): Three years to file an employment complaint; one year to sue after a CRD Right-to-Sue.

For help with how long does a retaliation lawsuit take in Los Angeles, CA, contact Rager & Yoon at (213) 255-4165.