Employment Discrimination

Employment Discrimination in the United States

Employment Discrimination: Collective Actions statistics

Despite the buzz around some high-profile employment-discrimination cases, class actions make up less than 1 percent of the federal caseload, according to a study by faculty at the University of Chicago and Northwestern University. Individuals bring the bulk of discrimination cases, even though collective actions are more likely to succeed in court. But 20 percent don’t hire a lawyer, which helps explain why individuals’ cases are three times more likely to be dismissed than class actions. Overall, half of employment-discrimination cases settle, and plaintiffs win at trial only 2 percent of the time.

The data was taken from three sources: Equal Employment Opportunity Commission records, interviews with 100 litigants, and 1,672 randomly selected federal cases filed between 1988 and 2003.

The study concludes that, for the most part, litigation “seldom provides systemic results” that change the workplace, and the court system “largely favors defendant-employers, who face only modest costs in any individual case.” The researchers tabulated median awards of $30,000 in settlement and $110,000 at trial.

Source: “Individual Justice or Collective Legal Mobilization? Employment Discrimination Litigation in the Post Civil Rights United States,” Journal of Empirical Legal Studies, 2010.

In the United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled EMPLOYMENT DISCRIMINATION, employment discrimination on grounds of race, sex, nationality, or religion may be challenged under two acts of Congress. One of the statutes, now codified as Title 42 of the United States Code, section 1981, is a survivor of the civil rights act of 1866.

Legal Materials

For an excellent one-volume source of information on employment discrimination, I recommend the Manual on Employment Discrimination and Civil Rights Actions, which includes the text of most of the important Federal statutes and appendixes outlining the laws of individual states. Other good sources are Termination of Employment by James Castagnera et. al., which summarizes the Federal and State laws (with extensive footnotes) and the State by State Guide to Human Resources Law, which summarizes state laws. Good multi-volume sources include EEOC Compliance Manual (available from BNA and CCH) and Larson’s Employment Discrimination, which includes EEOC (and other) forms.

Federal employment discrimination laws are enforced by the Equal Employment Opportunity Commission. For more information about the EEOC and its publication’s, see the Equal Employment Opportunity Commission entry in this Guide. The Laws Regulations and Policies section of the Web site posts the relevant laws and regulations plus sections of the EEOC Compliance Manual, Memoranda of Understanding and EEOC Enforcement Guidance.

You can link to Equal Employment-related laws, Congressional Research Service reports, Federal agencies, non-government web sites and recent Supreme Court opinions through the Federal Equal Employment Opportunity Laws, Cases, and Resources page of the LLSDC’s Legislative Source Book.

The Labor and Employment module of Practical Law Company provides detailed summaries of the employment discrimination laws of each state.

Consent Decrees: The Cornell School of Industrial and Labor Relations (ILR) posts adatabase of consent decrees (i.e., settlement agreements) from Title VII race and sex discrimination class action lawsuits. If that isn’t enough you can find more consent decrees using the tools to search case filings discussed in the Docket Sheets entry.

EEO Plan Data: In the U.S., Federal and state laws require employers to develop Equal Employment Opportunity (EEO) or affirmative action plans. The statistical data to support these plans is taken from the decennial census. Census data is available from the Census Bureau and the EEOC.

In addition, state equal employment agencies provides targeted data from the census. This information is posted on the Web for many states including California, Maryland,Nevada and New York.

Verdicts and Settlements: If you subscribe, the Employment Discrimination Verdicts & Settlements Navigator in the Bloomberg BNA Labor and Employment Resource Center.

See Also

Disabilities Law
Equal Employment Opportunity Commission
Labor Law
Section 1983 Litigation
Title VII

Employment discrimination

Find more information on Employment discrimination in relation to the Anti-boycott Laws in the legal Encyclopedias.

Employment discrimination and the International Trade Law

Efficiently and Effectively Defending Employment Discrimination Cases

This section examines the Efficiently and Effectively Defending Employment Discrimination Cases subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Employment Discrimination Action Under Federal Civil Rights Acts

This section examines the Employment Discrimination Action Under Federal Civil Rights Acts subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Employment Discrimination in relation to Public Officers

Find out in this American legal Encyclopedia the information on Employment Discrimination in relation to Public Officers (and in the context of local government law).

Cause of Action for Employment Discrimination Based on Military Service Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C.A. §§ 4301 et seq.: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action for Employment Discrimination Based on Military Service Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C.A. §§ 4301 et seq., offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.

Employment Discrimination Background

Employment Discrimination on the Basis of Mental Disability Under the Americans with Disabilities Act

This section discusses generally the subject of Employment Discrimination on the Basis of Mental Disability Under the Americans with Disabilities Act, how to determine the facts essential to Employment Discrimination on the Basis of Mental Disability Under the Americans with Disabilities Act, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

Resources

See Also

Further Reading

  • Employment discrimination entry in the Dictionary of International Trade Law (Raj Bhala)
  • Employment discrimination entry in the Gale Encyclopedia of U.S. Economic History (Thomas Carson; Mary Bonk)
  • Employment discrimination entry in the Dictionary of International Trade
  • Employment discrimination entry in the Dictionary of International Trade: Handbook of the Global Trade Community (Edward G. Hinkelman)

Employment Discrimination: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Employment Discrimination. This part provides references, in relation to Employment Discrimination, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Employment Discrimination by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Employment Discrimination and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Employment Discrimination or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Employment Discrimination and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Employment Discrimination. Finding these decisions can be challenging. In many cases, researchers about Employment Discrimination should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Employment Discrimination when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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