Contesting Workplace Discrimination in Court - American Bar ...

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figure 4.14 :plaintiff’s sex in disabilitydiscrimination cases by percent41%femalemale(n=334)59%figure 4.15 :plaintiff’s occupation indisability discrimination cases by percentage43%sales | service | administrativeblue collar | othermanagerial | professional28%(n=394)29%-28-
Part 5 | Employment Discrimination Litigation OutcomesAcrossall cases,settlement isby far thesingle mostlikely outcome,and . . .trials areextremely rare.EDL cases can conclude in various ways. For this study, we focused on four major outcomes: dismissal, trial, summary judgment,and settlement.* The following sections summarize case outcomes associated with many of the specific cases characteristics discussedin the previous sections. First, however, Figure 5.1 displays the general contours of EDL cases outcomes. Across all cases, settlementis by far the single most likely outcome, and occurs in 54 percent of cases. Dismissal and summary judgment are about equally likely,with just a slight edge to dismissal (18 to 16 percent, respectively). Finally, trials are extremely rare and are by far the least likelyoutcome in EDL cases (about 5.5 percent). As will become clear below, this general outcome pattern is remarkably robust acrossvirtually all case characteristics and dimensions. (For remaining figures we do not include percentage of cases other/still open.)figure 5.1 :edl case outcomes by percent(n=1788)* Refers to cases in which the defendant-employer wins summary judgment on all counts, ending the case at the district court level. It does not refer tosummary judgments for procedural or other motions that did not result in case dismissal.-29-
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 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: disability casesPlaintiff character
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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