ENDA won't matter
Filed by: Alex Blaze
September 19, 2008 2:00 PM
http://www.bilerico.com/2008/09/enda_wont_matter.phpOr, more accurately, it won't matter unless we do something about federal judges, according to a new study by the American Constitution Society.
Nevertheless, we should disclose at the outset our concluding view that results in the federal courts disfavor employment discrimination plaintiffs, who are now forswearing use of those courts. Our study of the federal district courts shows employment discrimination plaintiffs bringing many fewer cases now. Those 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.
The study highlights several hurdles that federal employment discrimination cases have to surpass that have increased in recent years. Among them were the overwhelmingly likeliness that they'd be dismissed before trial (less than 4% of these suits don't get dismissed, compared to around 20% of non-employment discrimination cases), a lower win rate in non-jury cases, and, if they do win, a larger chance than other cases of being overturned in appeals. All this has caused fewer people, since 1998, to even try to win their case in court.
