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How Employment Discrimination Plaintiffs Fare in Federal Court

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  • Kevin M. Clermont
  • Stewart J. Schwab

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

  • Kevin M. Clermont & Stewart J. Schwab, 2004. "How Employment Discrimination Plaintiffs Fare in Federal Court," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(2), pages 429-458, July.
    • Handle: RePEc:wly:empleg:v:1:y:2004:i:2:p:429-458
    DOI: 10.1111/j.1740-1461.2004.00013.x
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    Cited by:

    1. Stephen J. Choi & Jill E. Fisch & A. C. Pritchard, 2010. "Attorneys as Arbitrators," The Journal of Legal Studies, University of Chicago Press, vol. 39(1), pages 109-157, January.
    2. Mark D. Gough & Alexander J. S. Colvin, 2020. "Decision-Maker and Context Effects in Employment Arbitration," ILR Review, Cornell University, ILR School, vol. 73(2), pages 479-497, March.
    3. Jennifer Bennett Shinall, 2016. "What happens when the definition of disability changes? The case of obesity," IZA Journal of Labor Economics, Springer;Forschungsinstitut zur Zukunft der Arbeit GmbH (IZA), vol. 5(1), pages 1-30, December.
    4. Alexander A. Reinert, 2023. "Asymmetric review of qualified immunity appeals," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 20(1), pages 4-85, March.
    5. Douglas Mahony & Brian Klaas, 2008. "Comparative Dispute Resolution in the Workplace," Journal of Labor Research, Springer, vol. 29(3), pages 251-271, September.
    6. Mark D. Gough, 2018. "How Do Organizational Environments and Mandatory Arbitration Shape Employment Attorney Case Selection? Evidence from an Experimental Vignette," Industrial Relations: A Journal of Economy and Society, Wiley Blackwell, vol. 57(4), pages 541-567, October.

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