An employee who decides to sue you for discrimination or harassment must first file a claim with the EEOC and/or the agency in your state that enforces its anti-discrimination laws, and then get a right-to-sue letter from that agency.
After the employee receives the right-to-sue letter from the EEOC, he or she generally has only 90 days to file a lawsuit in federal court. Some state agencies have longer time limits and may allow the employee to wait as long as a year after receiving the right to sue letter to sue under state law. You should see an attorney who specializes in employment law immediately if you are sued for discrimination or harassment.
Lawsuits normally take a long time to be resolved. Discrimination lawsuits can last 2-3 years, although the case might end sooner if you and the employee can reach a settlement.
Retaliation
"Retaliation" occurs when an employer or a co-worker treats a worker differently for complaining about discrimination or harassment. Retaliation can include demotions, bad work or shift assignments, negative evaluations, or any other unfair treatment. Federal law prohibits retaliation. Remember: Even if an employee can't prove the original discrimination complaint, you can't treat the employee any differently unless the employee made that original complaint in bad faith.
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