1 / 16

Speculation About Judicial Outcomes Under 2008 Amendments

Speculation About Judicial Outcomes Under 2008 Amendments. Ruth Colker Distinguished University Professor The Ohio State University. Why File ADA Employment Cases?. And why file pro se?. EEOC Charge Data for Fiscal Year 2008. Pro-Plaintiff Frequencies. Definitely Settled.

malik-wright
Download Presentation

Speculation About Judicial Outcomes Under 2008 Amendments

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Speculation About Judicial Outcomes Under 2008 Amendments Ruth Colker Distinguished University Professor The Ohio State University

  2. Why File ADA Employment Cases? • And why file pro se?

  3. EEOC Charge Data for Fiscal Year 2008

  4. Pro-Plaintiff Frequencies

  5. Definitely Settled

  6. Is Disability Status an Issue?

  7. Are Reasonable Accommodation Requests an Issue?

  8. Reasonable Accommodation Issue by Definitely Settled Difference is not statistically significant under Chi-square test

  9. Litigation Difficulties Frequencies

  10. Pro Se Status by Litigation Difficulties Difference is significant at .001 level under 2-sided Pearson Chi-Square test

  11. Pro Se by IFP filed Difference is significant at .001 level under 2-sided Pearson Chi-Square test

  12. Pro Se by Paid Filing Fee Difference is significant at .001 level under 2-sided Pearson Chi-Square test

  13. Pro Se by Definitely Settled Difference is significant at .001 level under 2-sided Pearson Chi-Square test

  14. Pro-Plaintiff by Defendant Filed Dispositive Motion Difference is significant at .001 level under 2-sided Pearson Chi-Square test

  15. Pro-Plaintiff by Result of Defendant Motion *includes situations where court does not rule on defendant’s motion Difference is significant at .001 level under 2-sided Pearson Chi-Square test

  16. Conclusions • Disability status was not a big factor in judicial outcomes on eve of adoption of 2008 Amendments. • Most frequently litigated issue involved reasonable accommodations. • EEOC had no better success rate at settlement than private bar. • Pro se plaintiffs have virtually no chance of winning yet frequently pay $350 filing fee. • Less than half pro se plaintiffs file for IFP status. • More litigation support needed for disability plaintiffs including many who hired a lawyer.

More Related