Document Type



Published in Harvard Law & Policy Review, vol. 3, no. 1 (Winter 2009).


This Article utilizes the Administrative Office's data to convey the realities of federal employment discrimination litigation. Litigants in these "jobs" cases appeal more often than other litigants, with the defendants doing far better on those appeals than the plaintiffs. These troublesome facts help explain why today fewer plaintiffs are undertaking the frustrating route into federal district court, where plaintiffs must pursue their claims relatively often all the way through trial and where at both pretrial and trial these plaintiffs lose unusually often.

Date of Authorship for this Version

Winter 2009


Employment discrimination, Empirical