Employee Rights and Employment Policy Journal

How Employment-Discrimination Plaintiffs Fare in the Federal Courts of Appeals

By
Kevin M. Clermont
Theodore Eisenberg
Stewart J. Schwab

Abstract

This article uses the data of the Administrative Office of the United States Courts to study the effect of appeal on federal employment-discrimination litigation. The effect is not a benign one for the plaintiffs, who, it turns out, have a much harder time than the defendants in upholding their successes and reversing adverse outcomes below.