California Employment Law

How Long Does a Sexual Harassment Case Take in California?

Benjamin Eghbali, Esq.Reviewed by Benjamin Eghbali, Esq.,

Some claims resolve in a few months. A case that reaches a jury can take two years or more. Here is each stage, how long it lasts, and what changes the pace.

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Eghbali Law Firm, California employment attorneys Sexual Harassment

Some California sexual harassment claims resolve in a few months. A case that goes all the way to a jury commonly takes two years or more. Where yours falls depends on the route it takes, how the employer responds, and a few decisions that are yours to make.

This page sets out each stage, how long it usually lasts, what the law fixes and what it leaves open, and what the case will ask of you along the way.

The short answer

  • Settled on a demand letter, before filing: often two to six months.
  • Settled after a lawsuit is filed: commonly 12 to 18 months from filing, usually at a mediation.
  • Tried to a verdict: commonly two to three years from filing in a busy county.
  • Appeal after trial: a year or more on top.

No court or agency publishes how long harassment cases take. These are common ranges built from how the stages add up. They are not a promise about any one case.

Time by route

How long each route commonly takes
RouteCommon overall timeWhy
Negotiated before filing2 to 6 monthsNo court calendar. It moves as fast as the two sides answer each other
Agency mediation3 to 9 monthsThe federal agency says its mediations usually finish in under three months. Scheduling and paperwork add the rest
Agency investigationUp to a year in California, about 10 months on average at the federal agencyThe Civil Rights Department must issue a right to sue notice within one year of the complaint
Lawsuit settled at mediation12 to 18 months from filingBoth sides want documents and key depositions before they will commit to a figure
Lawsuit tried to verdict2 to 3 years from filingTrial dates depend on the court's calendar and are often moved
Arbitration to a decisionOften 12 to 18 monthsThe arbitrator sets the schedule, with fewer motions and no crowded docket

Stage by stage

1. Review and demand. Two to six weeks. Your lawyer reads the documents, checks the deadlines, values the claim and writes to the employer. Where the evidence is in writing, some employers come to the table here.

2. The agency step. One day to one year. A California harassment lawsuit needs a right to sue notice from the Civil Rights Department. With a lawyer, most people request an immediate notice, which is issued without an investigation. The other choice is to have the department investigate, which can take up to a year.

3. Filing and the employer's answer. One to three months. The complaint is filed and served. The employer has 30 days from service to respond, and extensions are common. Many employers open with a motion: to send the case to arbitration, or to strike parts of the complaint.

4. Written discovery. Months three to nine. Each side sends written questions and demands for documents. Answers are due in 30 days, and disputes over what must be handed over are routine. This is where the employer's emails, complaint records and investigation file come out.

5. Depositions. Months six to twelve. Sworn questioning of you, the harasser, managers and HR. Yours is usually among the first.

6. Mediation. Often nine to fifteen months after filing. By now both sides can judge the risk. Most cases that have been filed end here or shortly after. See how settlements work.

7. Summary judgment. Late in the case. The employer may ask the judge to dismiss the case without a trial. It must give at least 81 days' notice, and the motion must be heard at least 30 days before trial. Preparing and opposing it takes months.

8. Trial. One to three weeks in court. Jury selection, witnesses, argument, verdict. The date itself is the uncertain part. Trial dates are regularly moved when the court has no courtroom free.

9. After trial. Months to years. The losing side can ask for a new trial and can appeal. A notice of appeal is generally due within 60 days of notice of the judgment, and an appeal commonly takes a year or more. A money judgment earns interest at 10 percent a year while it waits.

10. Payment. About 30 days. After a settlement is signed, payment follows on the date the agreement sets.

What the law fixes, and what it does not

Time limits written into the rules
RuleTime
Civil Rights Department must issue the right to sue noticeNo later than one year after the complaint is filed
Federal agency notifies the employer of a chargeWithin 10 days of filing
Employer's response to a lawsuit30 days after service
Notice for a summary judgment motionAt least 81 days before the hearing
Court goals for civil cases75 percent resolved within 12 months, 85 percent within 18 months, all within 24 months
Trial preference for a party over 70 whose health requires itTrial within 120 days of the order
Outer limit to bring a case to trialFive years from filing

The court goals are targets set by California's Judicial Council. They are not rights you can enforce, and crowded courts miss them. What the table does not contain is the thing people most want: a fixed date by which a case must end.

What slows a case down

  • A fight over arbitration. If the employer tries to force the case out of court and loses, it can appeal. Since 2024 that appeal no longer automatically freezes the case in the trial court, but it still adds work and delay.
  • Discovery disputes. An employer that will not hand over documents has to be taken to the judge, one motion at a time.
  • A summary judgment motion. It adds months whether it succeeds or not.
  • The court's calendar. Large counties have more cases than courtrooms.
  • More parties. Several defendants, each with a lawyer and a schedule.
  • Ongoing treatment. It is hard to value harm that has not yet stabilized.
  • Delay as a tactic. Some employers count on the worker running out of patience or money.

What speeds it up

  • Evidence in hand on day one. Messages, emails and a dated chronology shorten every later stage.
  • The immediate right to sue notice. It skips an investigation that can take a year.
  • Early mediation. Both sides can agree to mediate before the expensive stages.
  • Fast answers from you. Every request your lawyer sends you has a deadline behind it.
  • A clear view of value. Cases stall when either side is working from a number with nothing behind it. See how a case is valued.

Faster is not always better. An early settlement trades some value for certainty, privacy and time. That can be exactly the right trade. It should be a choice, made knowing what the claim is worth.

What the case asks of you

Your time, stage by stage
TaskWhenYour time
Telling the story and handing over documentsFirst weeksA few hours
Helping answer written questionsEarly in the lawsuitSeveral hours, spread over weeks
Your depositionMid caseA preparation session and usually one day of testimony
An examination by the employer's expertOnly where serious emotional harm is claimedPart of a day
MediationMid to late caseOne day
TrialOnly if the case does not settleEvery court day, for one to three weeks

For most of a case you are waiting, not working on it. Long quiet periods are normal and do not mean nothing is happening.

While you wait

  • Work, or look for work. You are expected to make reasonable efforts to replace lost income. Keep a record of every application.
  • Keep up any treatment. For your own sake first. Gaps in care are also used against a claim.
  • Stay off social media about the case. Posts are evidence, and the employer's lawyers will ask for them.
  • Keep everything. Do not delete messages or clean out devices.
  • Tell your lawyer when life changes. A new job, a move, a new phone number.

Questions people ask

How long does a sexual harassment lawsuit take in California?+

Commonly 12 to 18 months from filing if it settles at mediation, and two to three years if it goes to trial in a busy county. Claims resolved by negotiation before filing often take two to six months.

How long does a Civil Rights Department investigation take?+

Up to a year. If the department does not bring its own case, it must issue your right to sue notice no later than one year after the complaint was filed. You can also request an immediate notice and skip the investigation.

How long does the federal agency take?+

The Equal Employment Opportunity Commission says it takes about 10 months on average to investigate a charge, and that mediation usually settles a charge in under three months.

Why do these cases take so long?+

Most of the time goes to gathering evidence from the employer, motions, and waiting for court dates. The employer rarely has a reason to hurry, and courts in large counties have more cases than courtrooms.

Will I have to go to court?+

Probably not. Most cases settle before trial. You should expect to give a deposition, which takes place in a conference room or by video, and to attend a mediation.

Is arbitration faster than court?+

Often, because the arbitrator sets the schedule and there is no crowded docket. It is not always faster, and speed is only one of the differences. Under federal law a person bringing a sexual harassment case can usually choose court despite an arbitration agreement.

Can my employer drag the case out forever?+

No. Judges set schedules and enforce them, a civil case must reach trial within five years of filing, and a judgment earns 10 percent interest a year. Delay has limits and a cost.

Does settling early mean settling for less?+

Often, yes. Early offers are made before the employer's documents and witnesses have been tested. Some people accept that for privacy, certainty or speed. The point is to make the choice knowingly.

What if I get a new job while the case is running?+

Take it. You are expected to try to replace your income, and a new job stops the wage loss from growing. It does not end the claim or erase the harm already done.

Do I pay my lawyer while the case runs?+

Normally not. These cases are usually handled on a contingency fee, so the fee comes out of a recovery at the end. Ask how case costs are handled along the way.

Ask how long yours is likely to take

The honest answer depends on your evidence, your employer and whether an arbitration agreement is in play. A short call will give you a realistic range and your deadlines. It is free and confidential.

(800) 371-3088 or send what you have.

Related reading: every filing deadline, the right to sue letter, what an employment lawyer costs, forced arbitration, what to expect at a deposition, the full California sexual harassment guide, California sexual harassment laws, when to talk to a lawyer, whether you can sue for harassment, being falsely accused of harassment, and criminal and civil rights after a sexual assault at work.

Sources

  1. U.S. Equal Employment Opportunity Commission, What You Can Expect After You File a Charge: about 10 months to investigate, under three months for mediation, notice to the employer within 10 days.
  2. California Government Code section 12965: the right to sue notice no later than one year after the complaint.
  3. California Civil Rights Department, Complaint Process.
  4. Judicial Council of California, Standards of Judicial Administration, standard 2.2: case disposition time goals for civil cases.
  5. California Code of Civil Procedure section 437c: notice and timing of a summary judgment motion.
  6. California Code of Civil Procedure section 583.310: five years to bring a case to trial.
  7. California Code of Civil Procedure section 36: trial preference.
  8. California Code of Civil Procedure section 1294: appeal from an order denying arbitration, and no automatic stay.
  9. California Code of Civil Procedure section 685.010: interest on a money judgment.

Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. The information on this page reflects California law as of 2026 and may change. If you believe your rights have been violated, please consult a licensed California employment attorney to evaluate your specific situation.

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