Contesting Workplace Discrimination in Court - American Bar ...

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Part 3 | Judicial DistrictsThis section explores and compares several key EDL case characteristics across the seven judicial districts from which our samplecases were drawn. We focus specifically on discrimination type claims, issue claims, and plaintiff representation variables.DISCRIMINATION TYPEFigure 3.1 displays the percentage breakdown of discrimination type claims by judicial district. With a few exceptions, the basicpattern found across all cases (from the previous section) generally holds for each district: Race cases are most common, followedby sex, age, and disability claims. One major exception is the Eastern District of Pennsylvania, where sex claims slightly outnumberrace claims. Another exception comes from the Northern District of California, which reveals substantially more disabilityclaims than age claims. Finally, the Eastern District of Louisiana shows essentially an equal number of age and disability claims.figure 3.1 :percent of discriminationtype alleged by judicial districtracesexagedisability-16-
DISCRIMINATION ISSUESThe breakdownof discriminationissues by judicialdistrict,without exception,is consistent withour corefinding in theprevious section:discriminatoryfiring is far andaway the mostfrequent claimmade byEDL plaintiffs.The breakdown of discrimination issues by judicial district, without exception, is consistent with our core finding in the previoussection: discriminatory firing is far and away the most frequent claim made by EDL plaintiffs (Figure 3.2). Also consistent withthe general pattern (but with one exception, NDCA), hiring claims are the least frequent (of the five issues presented here).Percentages of promotion and sexual harassment claims are generally comparable, with perhaps a very slight edge to promotion(sexual harassment claims are slightly more frequent in NDTX and EDPA). Finally, both promotion and sexual harassment claimsare more common than pay claims, albeit by relatively small margins. The one exception comes from SDNY, where there wereslightly more pay claims than promotion or sexual harassment claims.figure 3.2 :percent of discriminationissues alleged by judicial districthiringfiringpaypromotionsexual harassment-17-
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 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: EEOC AS PLAINTIFFThe EEOC’s admin
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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