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

31 Pages Posted: 22 Dec 2015

Multiple version iconThere are 2 versions of this paper

Date Written: January 1, 2009

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: federal court, employment discrimination, litigation, plaintiff

Suggested Citation

Clermont, Kevin M. and Schwab, Stewart Jon, Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse? (January 1, 2009). Harvard Law & Policy Review, Vol. 3, No. 1, 2009, Cornell Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2706576

Kevin M. Clermont

Cornell Law School ( email )

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

Stewart Jon Schwab (Contact Author)

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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