Sexual Harassment Lawsuits Often Settled
There is a myth out there that most sexual harassment cases go to trial and there is a large verdict. One reason for this myth is the fact that most big cases get publicity and are reported in the various medias. Cases that settle for millions often make the news and give people a false sense of the true value of most sexual harassment cases. The average case does not settle for big money but settling the case is often good for a number of reasons. First, it gives closure to the victim and helps the person get on with her life. Second, it gives a guarantee of some money and lasty it can be taken as a victory-the fact that the other side paid some money. Most sexual harassment cases also involve retaliation and the creation of a hostile work environment.
The danger in taking a sexual harassment or other type of case to trial is that by the time the case goes to trial, the company could be out of business or bankrupt. The reason it takes so long is that if you file with the Illinois Department of Human Rights ("IDHR") they cross file with the Equal Employment Opportunity Commission ("EEOC"). The IDHR has up to one-year to complete its' investigation and that only gives you the right to file directly with the Illinois Human Rights Commission ("IHRC") if the IDHR finds substanial evidence. It will take another year with the IHRC before the actual trial and a decision by the judge after trial can take another two-years. If the EEOC investigates instead of the IDHR, it can take even longer. So if you can setttle.