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37 U.C. Davis L. Rev. 511 (2003-2004)
Verdicts Matter: An Empirical Study of California Employment Discrimination and Wrongful Discharge Jury Verdicts Reveals Low Success Rates for Women and Minorities

handle is hein.journals/davlr37 and id is 523 raw text is: Verdicts Matter: An Empirical Study of California Employment Discrimination and Wrongful Discharge Jury Verdicts Reveals Low Success Rates for Women and Minorities David Benjamin Oppenheimer TABLE OF CONTENTS IN TRO D U CTIO N ................................................................................................ 513 I. A REVIEW OF PRIOR EMPLOYMENT DISCRIMINATION AND WRONGFUL DISCHARGE JURY VERDICT RESEARCH ........................... 518 II. VERDICTS MATTER: How JURY VERDICT DATA WERE USED TO JUSTIFY THE IMPOSITION OF DAMAGE CAPS IN THE 1991 CIVIL R IGH TS A CT ......................................................................................... 528 III. THE RESULTS OF A COMPREHENSIVE SURVEY OF CALIFORNIA EMPLOYMENT DISCRIMINATION AND WRONGFUL DISCHARGE VERDICTS FROM 1998 & 1999 ............................................................. 532 A . Survey M ethodology .................................................................... 533 Professor of Law and Associate Dean for Academic Affairs, Golden Gate University School of Law; J.D., Harvard Law School, B.A., University Without Walls/Berkeley. I am grateful to Kevin Clermont, Sonia Chopra, William Kidder, Karen Jo Koonan, Vicki Schultz, Jan Vetter, and the participants at the American Bar Foundation/Stanford Law School March 2003 Rights and Realities conference for their helpful suggestions. I began conducting the research reported herein as a Visiting Professor at the University of California School of Law (Boalt Hall) in collaboration with my research assistants William Kidder (Boalt '01), Lawrence Killoran (Golden Gate '00), Sonya Smallets (Boalt '01) and Lica Tomizuka (Univ. Minn. '03). I continued upon my return to Golden Gate with the assistance of Erika Birdsley (Golden Gate '04), Natalie Kwan (Golden Gate '04) and Elizabeth Lewison (Golden Gate '04). While I am solely responsible for any errors and limitations, I could not have done this work alone, and am grateful to Bill, Larry, Sonya, Lica, Erika, Natalie, and Elizabeth for their extraordinary efforts.

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