The fate of federal employment discrimination claims

The Wall Street Journal reports that federal employment discrimination claims are difficult to win:

A battery of recent studies shows that employees who sue over discrimination lose at a higher rate in federal court than other types of plaintiffs. They also get less time in court, with judges quicker to throw out their cases.

Here’s the WSJ article: http://online.wsj.com/article/SB123500883048618747.html.

Sadly, none of this comes as a surprise.  Although studies suggest many reasons, it’s worth emphasizing that the federal judiciary constitutes one of the most privileged and least diverse cohorts in the American workforce.  It is fair to hypothesize that only a small proportion of these judges have ever been in a position to reasonably suspect that they are being treated in a discriminatory manner.  This insulation from an experience that confronts many workers may make them less understanding of, and less sympathetic towards, discrimination claims.

Hat tips to, and more discussion to be found on, Workplace Prof (http://lawprofessors.typepad.com/laborprof_blog/2009/02/wsj-on-discrimi.html), and HR Lawyer’s Blog (http://www.hrlawyersblog.com/2009/02/articles/age-discrimination-1/do-federal-judges-discriminate-against-discrimination-claims/).

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