Contesting Workplace Discrimination in Court - American Bar ...

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TYPES OF DISCRIMINATIONAbout40 percent ofcases involve arace claim,while 37 percentof all cases involvea sex claim.Federal law prohibits employment discrimination on the basis of various employee characteristics, including race, sex, nationalorigin, religion, age and disability. It also bans discrimination because of pregnancy and against those taking authorized familyleave. As depicted in Figure 2.2, race and sex claims are the most common types of EDL cases. About 40 percent of cases involvea race claim, while 37 percent of all cases involve a sex claim. Claims based on age and disability are the next most common,making up about 22 and 20 percent, respectively, of all EDL cases. A third tier of claims involve discrimination because ofnational origin, accounting for about 12 percent of all cases. The remaining types of discrimination, because of religion(four percent), pregnancy (four percent), and family leave (three percent) are considerably more rare.figure 2.2 :percent of casesby discrimination type *(n=1788)*Percentages add to >100% due to multiple claims in a single case.-4-
MULTIPLE TYPE CLAIMSQuotes will gohere. Quotes willgo here. Quoteswill go here.Quotes will gohere. Quotes willgo here. Quoteswill go here.Quotes willComplainants may make claims based on more than one characteristic. For example, a plaintiff may claim that she wasdiscriminated against because of her race and sex or on account of his age and disability. Just over one-third of all EDL cases(35 percent) involve more than one type of discrimination claim (see Figure 2.3). We also looked to see if particular types ofclaims were likely to include additional claims. The data illustrated in Figure 2.4 show that claims based on race, sex, age, anddisability each have about a 50/50 likelihood of including at least one other type of claim. National origin appears to be anoutlier in this regard; over 80 percent of national origin cases include at least one additional type claim.figure 2.3 :percent of cases allegingmore than one type of discriminationone type allegedmore than one type alleged(n=1788)65%35%figure 2.4 :percent of race, sex, age,disability, and national origincases that include at least oneadditional type claim-5-
Page 2 and 3: Contesting Workplace Discrimination
Page 4 and 5: Table of Contents and Figurespart 1
Page 6 and 7: Table of Contents and Figurespart 6
Page 8 and 9: This report summarizes the basic ch
Page 13 and 14: figure 2.6 :percent of cases withon
Page 15 and 16: STATUTESFigure 2.9 displays the per
Page 17 and 18: THEORY OF THE CASEThere are two the
Page 19 and 20: figure 2.14 :percent of cases inwhi
Page 21 and 22: EEOC AS PLAINTIFFThe EEOC’s admin
Page 23 and 24: DISCRIMINATION ISSUESThe breakdowno
Page 25 and 26: Part 4 | Plaintiff CharacteristicsF
Page 27 and 28: PLAINTIFF CHARACTERISTICS IN RACE,
Page 29 and 30: sex casesThe vastmajority ofsex cas
Page 31 and 32: age casesBy awide margin,whites mak
Page 33 and 34: disability casesPlaintiff character
Page 35 and 36: Part 5 | Employment Discrimination
Page 37 and 38: DISCRIMINATION TYPES AND ISSUESFigu
Page 39 and 40: STATUTESThe breakdown of outcomes b
Page 41 and 42: PLAINTIFFS AND PLAINTIFF REPRESENTA
Page 43 and 44: pilf casesJust 20(well under1 perce
Page 45 and 46: THE EEOCAs shown earlier, the EEOC
Page 47 and 48: TRIALS AND APPEALSAs is clear from
Page 49 and 50: Part 6 | Time TrendsOur final secti
Page 51 and 52: DISCRIMINATION ISSUEFigure 6.2 disp
Page 53 and 54: Part 7 | ConclusionOnly through the
Page 55: Quotes will gohere. Quotes willgo h

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