Harvard Law & Policy Review, Vol. II, 2008
34 Pages Posted: 9 Jun 2008 Last revised: 3 Apr 2015
Date Written: June 7, 2008
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: 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