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

Source: Kevin M. Clermont & Stewart J. Schwab, Harvard Law & Policy Review, Vol. 3 no 1, Winter 2009

This article uses data from the Administrative Office of the United States Courts 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 appeal than the plaintiffs. These troublesome facts might help explain why today many fewer plaintiffs are undertaking the frustrating route into federal district court, where, relatively often, plaintiffs must pursue their claims all the way through trial, and where, at both pretrial and trial, these plaintiffs lose more often than other federal plaintiffs.

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