They settle less and lose more than almost anything else. Among the only cases consistently less successful are complaints filed by prisoners, few of whom are represented by lawyers. Even cases that don't get near a courtroom cost employers a bundle. Figures like that have led companies to assume that even weak cases could hurl them into bankruptcy. This is unlikely.
Attorneys handling federal discrimination cases report similar findings.
And most such charges, he says, are resolved before they are filed in court. If a case does go to trial, juries are likely to hit companies with millions in damages. The 1991 Civil Rights Act enabled employees who win discrimination cases to collect compensatory and punitive damages, whereas in the past they had to settle for lost back wages. That change has given juries the power to hand down huge awards to plaintiffs, and they have occasionally done so. Such awards, however, are extremely rare and are usually reduced on appeal.