Pre-settlement funding: Employment Claims

Pre-settlement funding for workplace discrimination claims.

Claims under Title VII, the ADEA, ADA, and state equivalents. How pre-settlement funding works for employment discrimination, harassment, and retaliation plaintiffs.

Non-recourse funding is repaid only from a settlement or award. Independent capital providers set the terms.

Bills do not wait for your case.

Rent, medical bills and living costs keep arriving while a case moves through the court. An advance against a pending case can cover them and is repaid only if the case produces a recovery.

Overview

How workplace discrimination cases are reviewed

Workplace discrimination claims arise under a range of federal statutes: Title VII of the Civil Rights Act (race, color, religion, sex, national origin), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Pregnant Workers Fairness Act, and numerous state equivalents. These cases often involve EEOC administrative proceedings before litigation, which extends the timeline to resolution.

Race, sex, age, disability, national origin, and religious discrimination under federal and state law
Sexual harassment and hostile work environment claims
Retaliation for protected activity (complaints, EEOC filings, whistleblowing)
Pregnancy discrimination and FMLA interference
Qualifying criteria

What makes a qualifying case

Not every claim is a fit for funding. These are the factors our review weighs most heavily for this case type. Meeting them does not guarantee that a provider will fund.

A discrimination, harassment, or retaliation claim that has completed the EEOC process and received a right-to-sue letter
Documented evidence of the discriminatory conduct or protected-activity retaliation
An employer with the resources or coverage to satisfy a judgment or settlement
Retained counsel actively litigating the claim

Requirement 1

Completed EEOC process with right-to-sue letter, claim in active litigation

Requirement 2

Documented liability evidence and lost-wages baseline

Requirement 3

Retained counsel and a resourced or insured employer

Terms

How terms are set

Rates and terms are set by the capital provider and written in the provider’s agreement before signing.

Term
How it works
Decision
Made by the independent capital provider, not by Criterica Capital
Advance size
Set by the capital provider
Pricing
Set by the capital provider and written in its agreement before signing
Repayment
Non-recourse funding is repaid only from a recovery. The provider’s agreement states the terms.
Process

How the process works for workplace discrimination claims

  1. STEP 1
    Apply
    Apply once your case has moved to active litigation (past EEOC right-to-sue). Earlier stages may be considered case-by-case.
  2. STEP 2
    Documentation
    Your attorney provides the EEOC charge, right-to-sue letter, complaint, and liability assessment.
  3. STEP 3
    Provider decision
    Independent capital providers review the file, decide whether to fund and set their own terms. Criterica Capital does not make the funding decision.
  4. STEP 4
    Provider agreement
    If a provider funds the case, the provider's agreement states how and when funds are paid.
Underwriting

How we underwrite this case type

Discrimination claims are underwritten after the EEOC administrative process concludes and litigation is active. We evaluate the strength of the liability evidence, the lost-wages calculation, and the employer's size and resources, then model the expected recovery — back pay, front pay, and compensatory damages — against outcome data for comparable employment matters. Larger employers with defined coverage often present clearer recovery ranges than small employers.

Typical timeline

Employment discrimination cases typically take 18 to 36 months once litigation begins, in addition to the preceding EEOC process.

FAQ

Workplace Discrimination Funding: common questions

Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.

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