Contesting Workplace Discrimination in Court - American Bar ...

More documents

Recommendations

Info

MULTIPLE STATUTORY CLAIMSAbout43 percentof casesinvolved multiplestatutory claims(Figure 2.10).As with discriminatory types and issues discussed above, a complainant is permitted to bring multiple statutory claims in a singlecase. About 43 percent of cases involved multiple statutory claims (Figure 2.10). Also, as Figure 2.11 shows, certain statutorycases are more likely than others to include additional claims. For example, both §1983 and §1981 cases virtually alwaysinclude additional statutory claims (98 and 91 percent, respectively). ADA cases are also quite likely to include additionalclaims (65 percent), while ADEA cases have an exactly 50/50 likelihood of doing so. Finally, about 47 percent of Title VIIcases include at least one additional statutory claim.figure 2.10 :percent of cases withmultiple statutory claimsone claimmore than one claim57%43%(n=1785)figure 2.11 :percent of selectedcases with at least oneadditional statutory claim-10-
THEORY OF THE CASEThere are two theories of discrimination available to EDL complainants: disparate treatment and disparate impact.Disparate treatment cases require a showing of discriminatory intent; disparate impact cases, by contrast, involve faciallyneutral employment practices that have a statistically disproportionate effect on a protected group. The employer’s motivation orintent is irrelevant in disparate impact cases. EDL almost universally involves disparate treatment claims. Over 98 percent of caseswere such cases, whereas just four percent of cases brought a disparate impact cause of action (Figure 2.12). And although EDLlaw permits a plaintiff to invoke both causes of action, complainants do so in less than three percent of all cases. In short, itappears as though employees mobilize EDL law more or less exclusively in response to an employer’s specific and intentional acts.They do not challenge the broader structural disadvantages embedded in routinized employment practices.figure 2.12 :percent of casesby cause of action(n=1779)*Percentages add to >100 because of multiple causes of action in a single case.-11-
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 10 and 11: TYPES OF DISCRIMINATIONAbout40 perc
Page 13 and 14: figure 2.6 :percent of cases withon
Page 15: STATUTESFigure 2.9 displays the per
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

Contesting Workplace Discrimination in Court - American Bar ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?