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Federal courts biased against employment plaintiffs, study says.

Publication: Trial
Publication Date: 01-DEC-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
According to a recent study of employment discrimination litigation in U.S. federal courts, both trial and appellate courts strongly disfavor plaintiff employees. Plaintiffs win a very low percentage of their cases in district courts, the study found, and on appeal they suffer significantly more reversals than defendant employers.

The study, conducted by Cornell University law school professors Kevin Clermont and Stewart Schwab, found that between 1979 and 2006, plaintiffs in federal job discrimination cases won 15 percent of the time, in contrast to a win rate of 51 percent for plaintiffs in other types of civil cases. The authors analyzed data gathered by the Administrative Office of the U.S. Courts.

The study's...

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