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Article: How Employment Discrimination Plaintiffs Fare
June 07, 2005 by Ross Runkel at LawMemo

Statistically, plaintiffs don't do well in employment discrimination cases, and here's an article that provides the details. Professors Kevin M. Clermont and Stewart J. Schwab of Cornell Law School published "How Employment Discrimination Plaintiffs Fare in Federal Court" in the Journal of Empirical Legal Studies, and it is now available on the web [here].

Authors' 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.

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