Tuesday, September 23, 2008

Plaintiffs in Workplace Discrimination Cases Face Uphill Battle

AmLaw Litigation Daily
September 23, 2008

For any attorney who specializes in workplace discrimination cases, the findings of a recent study by two Cornell Law School professors are troubling. (Hat Tip to Legal Blog Watch, which first reported on the study.) The Cornell profs analyzed federal district court records from 1979 to 2006 and found that plaintiffs who brought job discrimination claim cases won a measly 15 percent of the time.Plaintiffs didn't fare any better at the appellate level, where courts reversed fewer than 9 percent of the 2,042 cases that plaintiffs lost between 1988 to 2004. By contrast, the study found that defendants who lost at trial were able to convince appellate courts to reverse 41 percent of the time. But defense attorneys shouldn't be too quick to gloat. The study also found that there was a 37 percent drop in the number of cases brought from 1999 to 2000. Translation: less work for defense lawyers.

1 comment:

pespana said...

This is absolutely correct! I filed a claim against the US Patent and Trademark Office who were pretty much obvious in their discrimination and bordering on criminal activity. Many courts dismss these cases before a hearing on the merits due to jurisdictional denials.

I argue on the Huffington Post affirmative action is another reason McCAin and Palin and dangerous
http://www.huffingtonpost.com/paula-mays/mccain-palin-and-the-deat_b_128626.html