How Employment Discrimination Plaintiffs Fare in Federal Court

30 Pages Posted: 21 Jun 2004  

Kevin M. Clermont

Cornell Law School

Stewart J. Schwab

Cornell Law School

Abstract

This article presents the full range of information that the Administrative Office's data convey on federal employment discrimination litigation. From that information, the authors tell three stories about (1) bringing these claims, (2) their outcome in the district court, and (3) the effect of appeal. Each of these stories is a sad one for employment discrimination plaintiffs: relatively often, the numerous plaintiffs must pursue their claims all the way through trial, which is usually a jury trial; at both pretrial and trial these plaintiffs lose disproportionately often, in all the various types of employment discrimination cases; and employment discrimination litigants appeal more often than other litigants, with the defendants doing far better on those appeals than the plaintiffs.

Suggested Citation

Clermont, Kevin M. and Schwab, Stewart J., How Employment Discrimination Plaintiffs Fare in Federal Court. Journal of Empirical Legal Studies Vol. 1, p. 429, 2004; Cornell Legal Studies Research Paper No. 04-007. Available at SSRN: https://ssrn.com/abstract=557851

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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