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Employment Discrimination Plaintiffs Do Poorly in Federal Court, Study Says

Dispute Resolution Journal, November-January 2008 | Article details

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Employment Discrimination Plaintiffs Do Poorly in Federal Court, Study Says


In December 2008, Harvard Law and Policy Review, the official journal of the American Constitution Society for Law and Policy (ACSLP) will publish a study showing that federal courts disfavor employment discrimination cases, and that plaintiffs with employment discrimination claims are "forswearing" federal court.

Using data from the Administrative Office of the U.S. Courts, Stewart J. Schwab and Kevin M. Clermont, both of Cornell Law School, found that from 1999-2007, the number of employment discrimination cases filed dropped 37%. The steepest decline in case filings was in the 11th Circuit, followed by the 5th, 4th, 8th and 6th Circuits.

The authors also found that …

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