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American Economic Review Vol. 92 No. 3 2002

Litigation Costs and Returns to Experience

Paul Oyer1; Scott Schaefer2

1 Graduate School of Business, Stanford University, 518 Memorial Way, Stanford CA 94305. · 2 Kellogg School of Management, Northwestern University, 2001 Sheridan Road, Evanston, IL 60208.

Abstract

We develop a model linking maximum damage awards available to plaintiffs in wrongful termination lawsuits, workers' propensity to sue as a function of experience, and returns to experience. Using Equal Employment Opportunity Commission data on protected-worker discrimination complaints and labor-market data from the Current Population Survey, we examine how returns to experience among protected workers changed around the passage of the Civil Rights Act of 1991. We show that employers' reactions to employment protections may induce redistributive effects. Furthermore, these effects operate not merely across groups of differing protected status, but also within groups of identical protected status.

DOI
10.1257/00028280260136318
Volume
92
Issue
3
Pages
683-705
Language
en
Sources
openalex crossref bibtex:phds-export.bib

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