The Changing Nature of Employment Discrimination Litigation

Abstract

Part I analyzes several socioeconomic and legal changes that may have prompted the rise in employment discrimination litigation and estimates that these factors account for roughly two-thirds of the growth in litigation. Part II attempts to explain the residual growth. After discussing a number of commonly offered explanations, we put forth a somewhat counterintuitive theory of our own: As minorities and women moved into better jobs and the work place became more integrated, the likelihood of certain kinds of employment discrimination litigation increased. Part III analyzes the shifting composition of employment discrimination litigation-from discriminatory hiring to discriminatory discharge, and from class actions to individual suits. Finally, the conclusion discusses some policy implications of our findings.

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