Thursday, June 10, 2010
The ABA Journal reports today about a press release from the American Bar Foundation:
When people think of employment discrimination suits, big-name class action cases like the recent record-breaking filing against Wal-Mart tend to come to mind.
But individual suits that rarely make it to trial and are likely to win a modest settlement, if any, accounted for the vast majority of employment discrimination cases in the federal courts between 1987 and 2003, explains a press release about an American Bar Foundation study, Individual Justice or Collective Legal Mobilization? Employment Discrimination in the Post Civil Rights United States.
Published in the June issue of the Journal of Empirical Legal Studies, the study finds that only 6 percent of the plaintiffs in these cases make it to trial. At that point, they have a one-in-three chance of winning.
For those who have practiced or studies this area of the law over the years, perhaps these findings are not too surprising. To me, they suggest that the pendulum has swung too far in favor of employers in employment discrimination cases.