Differences in the nature of employment discrimination litigation between private sector organizations and public sector organizations

Abstract

This study reports on the results of a content analysis of federal court cases examining employment discrimination litigation in private, federal, and state/local sector organizations. One objective was to determine whether there are differences in the types of employment discrimination claims (e.g. race, sex, age, and disability) across the different sectors. A second objective was to determine whether there are differences in the outcomes (whether the case outcome or ruling was for the plaintiff or the defendant) of the different types of employment discrimination cases across the different sectors. The results of this study indicate that there are substantial differences in both the types of discrimination charges and the outcomes of those discrimination charges across the different sectors. The implications of the most significant findings are discussed, and recommendations are offered to organizations interested in reducing the occurrence of employment discrimination and the costs associated with employment discrimination litigation.