Employment Discrimination Litigation
Chapter One
Phases of Employment
Litigation
Frank J. Landy
A typical employment discrimination case can be bewildering in
its complexity. From start to finish it may last for five or more years.
Various stages (for example, discovery) may be postponed or
extended. The trial itself may be delayed for various reasons,
including requests by one or both of the parties or a scheduling
problem experienced by the judge. What will be presented in this
chapter is a common, though not universal, series of stages in an
employment discrimination trial from its inception to its ultimate
conclusion. Because the most complex and encompassing lawsuits
tend to be class actions, the description will follow the course of a
class action employment discrimination lawsuit. Further, I will present
a disparate impact (unintentional discrimination) rather than
a disparate treatment (intentional discrimination) scenario. Figure
1.1 presents a simplified version of the flow of a discrimination
case. It may be helpful to return to t ... read full excerpt from Employment Discrimination Litigation: Behavioral, Quantitative, and Legal Perspectives ebook
