The probative value of statistical evidence in employment discrimination litigation involving colleges and universities in the United States, 1993--1998

In this study, court cases were identified and analyzed regarding the probative value of statistical evidence in employment discrimination litigation involving colleges and universities in the United States during the years 1993--1998. The evidentiary use of descriptive and inferential statistical models in the courtroom has increased dramatically since the enactment of several federal antidiscrimination statutes in the 1960s and 1970s.;The sample of the study was comprised of individual cases filed in state courts, the U.S. District Courts, the U.S. Circuit Courts of Appeal, and the U.S. Supreme Court. A total of 94 court actions representing 81 separate cases met the criteria for inclusion in the study. The attention that the judge gave to the use of statistical evidence was identified and examined for the purpose of constructing a set of strategies for improved collaboration among institutional administrators and lawyers.;The answers to how courts view the probative value of statistics can be found by reviewing the examples of successful and unsuccessful use in litigation. The cases reviewed for this study revealed that in most cases the plaintiff did not survive the institution's motion of summary judgment, so few actions reached full trial. In all cases, the judges relied on a combination of historical, anecdotal, and statistical evidence to examine the facts at issue.;Disparate treatment, disparate impact, and class action cases lend themselves to certain evidentiary requirements, and most judges have become knowledgeable about the use and misuse of statistical information. They support significant access for the plaintiff to otherwise confidential personnel data during discovery, and the institution must be prepared to provide these files, regardless of the burden it may place on staff and resources. Judges also use the written opinion to point out defects in the arguments for either side, which provides administrators, lawyers, complainants, and other students of the law an opportunity to examine points of precedent.;Due to the scope of this study, little information was available regarding the many other disputes that were resolved out of court. However, the cases examined revealed that the institutions who did choose to litigate were successful in their defense the majority of the time.