“The total number of civil rights employment cases filed in federal court has declined over the past decade. The Federal Judicial Center maintains data regarding the type and number of cases filed in U.S. district courts. In the twelve-month period ending in March of 2003, the FJC reported more than 20,000 civil rights employment cases. 90 In the twelve-month period ending in March of 2012, the number of civil rights employment cases was 15,275. In the twelve-month period ending in March of 2013, there were 14,078. Data from other years also shows the declining number of civil rights employment cases filed in federal court. Likewise, the number of employment trials in federal court also has decline substantially over time. These declines take on added significance when compared to the total civil case load of federal district courts, which has increased.”
What role has employer’s usage of mandatory, pre-dispute arbitration agreements as a condition of employment played in the substantial decline of civil rights employment cases that are being filed in federal courts — the exact forum where Congress intended for Title VII claims of to be resolved?
Source: Sandra F. Sperino and Suja A. Thomas. Fakers and Floodgates. Stanford Journal of Civil Rights & Civil Liberties. pg. 236-237. June 2014.
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