Contesting Workplace Discrimination in Court - American Bar ...

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Turning to discrimination issues in Figure 5.4, cases involving sexual harassment have both the greatest likelihood of settlement(65 percent) and the lowest likelihood of going to trial (slightly under three percent). Claims of discriminatory promotion showthe exact reverse; such cases are the least likely to settle (51 percent) and the most likely to end in a trial (about 6.5 percent).Hiring cases stand out somewhat in that they too are almost as unlikely to end in trial as are sexual harassment cases (just overthree percent). Finally, discriminatory firing—the most frequent claim in EDL cases—appears to fall somewhere in between:about 54 percent of firing cases settle, while just under six percent go to trial.figure 5.4 :percent outcomes bydiscrimination issue allegedsettleddismissedsummary judgmenttrial-32-
STATUTESThe breakdown of outcomes by statute in Figure 5.5 shows no discernible divergence from the general outcome pattern withone exception. Cases brought under §1983 appear to end with substantially fewer settlements than the average for other statutes(44 vs. 54 percent) and with twice as many trials (11 percent compared to just under six percent average for other statutes).figure 5.5 :percent outcomes by statutesettleddismissedsummary judgmenttrial-33-
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 and 34: disability casesPlaintiff character
Page 35 and 36: Part 5 | Employment Discrimination
Page 37: DISCRIMINATION TYPES AND ISSUESFigu
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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