In the vast majority of employment civil rights cases, law leaves untouched the hierarchies and the alleged injustices that gave rise to employment civil rights litigation in the first place. Regardless, because satisfaction with outcome doesn’t necessarily equate to winning, there’s difficulty in defining what’s a win or a loss according to Rights on Trial:
Plaintiffs often get little or nothing of value — and suffer. Lawsuits can take a toll on plaintiffs: loss of their jobs (including structure and meaning) and identities, financial insecurity (including bankruptcy), toll on families (including divorce), mistrust, alcoholism and drug abuse, depression, and doctor bills — even if they win the case. Many plaintiffs simply want to be reinstated in their jobs, not large sum of money nor a verdict of guilt for the employer by the court. Other times, small settlements satisfy plaintiffs because plaintiffs have a chance to tell their stories. Winning might...
Adversarialism and opposing views — rather than addressing potential discrimination — informs each side’s actions and perceptions in a legal case. According to Rights on Trial, plaintiffs see themselves as the little guy in a litigation system stacked against them with adversaries who believe discrimination exists — just not in their cases:
Defendants who insist they abide by the law yet find flaws with every individual case by using stereotypes. They become defensive and can escalate tensions with abusive legal tactics such as using summary judgment motion to tell plaintiffs they have 45-day time limit to take depositions, etc.. Inundated with other cases, plaintiff lawyers often push for an early settlements to get rid of the case, giving no attention to the merits of the case fro either side as they jockey for position.
Judges who often don’t see discrimination evidently in cases without smoking gun evidence and play a role not just in decisions but...
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