October 7, 2008

Study Looks at Employee/Plaintiff Success In Federal Court

Filed under: Legal Issues — Jane @ 7:21 am

A recent study by Harvard and Cornell law professors concludes that the federal courts are a less-than-friendly place for employment law plaintiffs.  The study, looking at federal court data from 1979 on, determined that employment discrimination plaintiffs won only about 30% of federal jury trials, compared to a 45% success rate for other plaintiffs.  In bench trials (judge, not jury as decider), job bias plaintiffs won only 20% of the time.  Plaintiffs fared even worse on appeal, as plaintiff verdicts were reversed about 40% of the time and plaintiffs got reversals of their defeats only about 10% of the time.  Plaintiffs in non-employment cases did better on appeal.  The authors of the study conclude that because of these types of statistics, Plaintiffs are filing their claims more often in state courts.  Although charges brought to the EEOC have increased or remained steady, there has been a 37% drop in employment lawsuits filed in federal court over the last eight years.  The lesson for employers?  Don’t get sued.  If you get sued, make sure you try to move it to federal court.

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