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Federal Study Suggests That Employers Win Small Number of Employment Discrimination Claims On Summary Judgment

Published by on November 19, 2007

(h/t Workplace Prof Blog) An initial report by the Federal Judicial Center on summary judgment practice across the federal district courts suggests that between 9% – 14% of all employment discrimination cases are actually terminated on summary judgment (Table 12).  The report shows that between 34% and 38% of all defendants file a motion for summary judgment […]

(h/t Workplace Prof Blog)

An initial report by the Federal Judicial Center on summary judgment practice across the federal district courts suggests that between 9% – 14% of all employment discrimination cases are actually terminated on summary judgment (Table 12).  The report shows that between 34% and 38% of all defendants file a motion for summary judgment in employment discrimination cases.  (Table 7).  In employment discrimination cases, the defendant was the moving party on summary judgment 90% of the time.  (Table 1).

The statistics show, however, that defendants in employment discrimination cases are more successful than the general population when it comes to summary judgment motions.  Only 3% – 4% of all cases are terminated on summary judgment.  (Table 12).  As noted above, 9% – 14% of all employment discrimination cases are terminated on summary judgment.

The report took the 276,120 civil cases filed in 2006 (and the 60,013 summary judgment motions) and narrowed them to 118,796 cases (and 20,697 motions) due to various reporting issues.  In all, they looked at 39,120 motions for summary judgment.

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