Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?

Publication Year:
2009
Usage 5962
Downloads 5766
Abstract Views 196
Mentions 1
News Mentions 1
Repository URL:
https://scholarship.law.cornell.edu/lsrp_papers/109
Author(s):
Clermont, Kevin M.; Schwab, Stewart J
Tags:
Employment discrimination; Empirical; Civil Procedure; Labor and Employment Law; Litigation
Most Recent News Mention
article description
This Article utilizes the Administrative Office's data to convey the realities of federal employment discrimination litigation. Litigants in these "jobs" cases appeal more often than other litigants, with the defendants doing far better on those appeals than the plaintiffs. These troublesome facts help explain why today fewer plaintiffs are undertaking the frustrating route into federal district court, where plaintiffs must pursue their claims relatively often all the way through trial and where at both pretrial and trial these plaintiffs lose unusually often.