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Best venue for discrimination suits?

Published by on February 26, 2009

A recent study suggests (again) that the state court systems are a better venue for employment discrimination lawsuits for plaintiffs.  The study is here.  (Hat tip to Wage Law.)  The Wall Street Journal recently ran an article on the topic here, and the WSJ Blog also had a post here (with the catchy title “Do Federal […]

A recent study suggests (again) that the state court systems are a better venue for employment discrimination lawsuits for plaintiffs.  The study is here.  (Hat tip to Wage Law.)  The Wall Street Journal recently ran an article on the topic here, and the WSJ Blog also had a post here (with the catchy title “Do Federal Judges Discriminate Against Discrimination Claims?”).  We have a prior post on the topic here.

There are many different opinions offered as to why federal court appears to be a less hospitable venue for employment discrimination plaintiffs.  The flip side is that there are many “judicial hellholes” for employers in state courts around the country.  Those who bemoan the lack of success of plaintiffs in federal court should be patient — the legislative agenda in Congress promises to open up the floodgates for new and expanded causes of action in employment law in federal court.

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