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

Abstract

This Article utilizes the Administrative Office\u27s data 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 those appeals than the plaintiffs. These troublesome facts help explain why today fewer plaintiffs are undertaking the frustrating route into federal district court, where plaintiffs must pursue their claims relatively often all the way through trial and where at both pretrial and trial these plaintiffs lose unusually often