"An empirical study conducted in 2009 by Cornell law school faculty found many fewer such cases being brought, and when they were brought, “jobs cases proceed and terminate less favorably for plaintiffs than other kinds of cases. Plaintiffs who appeal their losses or face appeal of their victories again fare remarkably poorly in the circuit courts. The fear of judicial bias at both the lower and the appellate court levels may be discouraging potential employment discrimination plaintiffs from seeking relief in the federal courts.” One example of an “anti-plaintiff” effect, they wrote, was how much more frequently employers won on appeal than employees did: “Defendants in the federal courts of appeals have managed over the years to reverse forty-one percent of their trial losses in employment discrimination cases, while plaintiffs manage only a nine percent reversal rate.”"
Posted on: Tue, 25 Jun 2013 01:51:34 +0000
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