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

Harvard Law & Policy Review, Vol. II, 2008

Cornell Legal Studies Research Paper No. 08-022

34 Pages Posted: 9 Jun 2008 Last revised: 3 Apr 2015

Kevin M. Clermont

Cornell Law School

Stewart J. Schwab

Cornell Law School

Multiple version iconThere are 2 versions of this paper

Date Written: June 7, 2008

Abstract

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.

Keywords: empirical, employment discrimination, civil procedure

JEL Classification: K41, K31

Suggested Citation

Clermont, Kevin M. and Schwab, Stewart J., Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse? (June 7, 2008). Harvard Law & Policy Review, Vol. II, 2008; Cornell Legal Studies Research Paper No. 08-022. Available at SSRN: https://ssrn.com/abstract=1142345 or http://dx.doi.org/10.2139/ssrn.1142345

Kevin M. Clermont (Contact Author)

Cornell Law School ( email )

Myron Taylor Hall
Ithaca, NY 14853
United States
607-255-5189 (Phone)
607-255-7193 (Fax)

Stewart Jon Schwab

Cornell Law School ( email )

Myron Taylor Hall
#108
Ithaca, NY 14853
United States
607.255.8584 (Phone)
607-255-7193 (Fax)

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