Answer to Question of the Week #21
Each week, we post a thought-provoking question for your consideration. Here’s last week’s question, along with your answers:
What % of employment lawsuits are won by employers?
a. It is unlawful for employers to win (2% of the votes)
b. 18% (17% of the votes)
c. 30% (24% of the votes)
d. 41% (14% of the votes)
e. 57% (43% of the votes)
The correct answer is “c” — employers only win approximately 30% of all employment lawsuits.
This is another compelling reason why it’s critical for employers to know and follow the law. Stay up-to-date on the latest developments and make use of the plethora of tools on the Blawg to help reduce your legal risk.
Our readers are now batting .571 (12 right, 9 wrong) on our weekly questions. The next one will be coming your way soon.
Thanks for your participation!
February 13th, 2008 at 9:41 am
Mark,
I’m curious where your 30% number comes from. A study published late last year by the Federal Judicial Center reported that only 9-14% of employment discrimination cases in federal court terminate on summary judgment. Based on my experience, the number in state court is significantly lower. Given the small number of cases that actually go to trial, you can’t be defining “winning” as a dismissal or an employer verdict. Now, I agree that winning is often subjective, and an employer can “win” a lawsuit by a favorable settlement. Can you elaborate on how you are defining a “win” and where your stat comes from? Thanks.
February 13th, 2008 at 11:23 am
Hello Jon!
Thanks for the comment. There’s a fair amount of debate around this very topic. The 30% number comes from a variety of sources I’ve seen over the years, primarily jury verdict research and the Dispute Resolution Journal. In most of the studies I’ve seen, the numbers tend to hover between 27-32%, with 30% the number I’ve seen cited most often as the “benchmark.”
You make a good point about what exactly constitutes a “win.” Most of the studies seem to define “win” as winning at trial. I have seen studies with dramatically different win percentages but — to your point — it all depends on how “win” is defined.
Hope this helps,
Mark
P.S.: I really enjoy your blog — very informative!
February 13th, 2008 at 2:47 pm
Mark:
It gets really hard to evaluate these statistics because many settlements can be viewed as a “win” by the employer. Many cases settle prior to a summary judgment ruling because the employee’s counsel sees the writing on the wall.
Thanks for the information and for prompting the discussion!
Eric