How Employment-Discrimination Plaintiffs Fare in the Federal Courts of Appeals

22 Pages Posted: 22 Dec 2015

See all articles by Kevin M. Clermont

Kevin M. Clermont

Cornell Law School

Theodore Eisenberg

Cornell University, Law School (Deceased)

Stewart J. Schwab

Cornell Law School

Date Written: January 1, 2003

Abstract

Employment-discrimination plaintiffs swim against the tide. Compared to the typical plaintiff, they win a lower proportion of cases during pretrial and after trial. Then, many of their successful cases are appealed. On appeal, they have a harder time in upholding their successes, as well in reversing adverse outcome.

This tough story does not describe some tiny corner of the litigation world. Employment-discrimination cases constitute an increasing fraction of the federal civil docket, now reigning as the largest single category of cases at nearly 10 percent.

In this article, we use official government data to describe the appellate phase of this important segment of federal litigation. After describing the database, the text tells the appellate story for employment-discrimination actions through graphs and tables, with some general observations followed by a specific lesson.

Keywords: employment discrimination, federal courts of appeals, trial, appellate, litigation, plaintiffs

Suggested Citation

Clermont, Kevin M. and Eisenberg, Theodore and Schwab, Stewart Jon, How Employment-Discrimination Plaintiffs Fare in the Federal Courts of Appeals (January 1, 2003). Employee Rights and Employment Policy Journal, Vol. 7, No. 2, 2003, Cornell Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2706617

Kevin M. Clermont

Cornell Law School ( email )

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

Theodore Eisenberg

Cornell University, Law School (Deceased) ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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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