At least those plaintiff employees pursuing employment discrimination suits are much more likely to fare better in state court. A recent study by two professors, Clermont and Schwab, titled, “Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?” reaffirms the commonly held view that plaintiffs in employment discrimination suits are not doing too well in federal court.
The study found that plaintiffs won merely 15 percent of the time in employment discrimination cases in federal courts, whereas they won 50 percent in non-employment based actions. Moreover, the study revealed that federal courts of appeals reverse 41% of decisions in favor of plaintiff employees in employment cases. In contrast, the same courts of appeals only reverse 8.7% of decisions in favor of defendant employers in employment cases.
As a result of these stats clearly in plaintiffs’ disfavor, the study explains that fewer plaintiffs are suing in federal court. According to the study, from 1999 to 2007, the filing of employment law cases in federal court declined by 37%. While employment discrimination cases dominated the federal docket 5 years ago as the leading type of case, they only comprise 6% of the docket, coming in second to personal injury actions.
To read the entire study and article, go here.
--Mythily Sivarajah
