Magazine article Workforce

Employers' Wins Seldom Reversed

Magazine article Workforce

Employers' Wins Seldom Reversed

Article excerpt

Companies that win employment-discrimination lawsuits are far less likely to have their decisions overturned on appeal than are workers who file suit, according to a study by two Cornell Law School professors.

When an employment-discrimination defendant (the employer) wins at trial and the case is reviewed on appeal, only 5.8 percent of those judgments are reversed, according to the study, "Double Standard on Appeal: An Empirical Analysis of Employment Discrimination Cases in the US. Courts of Appeals," by Theodore Eisenberg and Stewart J. Schwab. When an employment-discrimination plaintiff (the employee) wins at trial and the case is reviewed on appeal, 43.6 percent of those judgments are reversed.

Eisenberg and Schwab prepared the report for Mehri, Malkin & Ross, PLLC, and Cochran, Cherry, Givens & Smith, two firms that often represent employees in discrimination suits. They based their conclusion on information from the Administrative Office of the United States Courts, which collects data on every federal case in both the district courts and the courts of appeals, classifying them in over 90 case categories. …

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