Litigation costs and returns to experience

Paul Oyer*, Scott Schaefer

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

17 Scopus citations


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. (JEL D21, J31, J71, K31).

Original languageEnglish (US)
Pages (from-to)683-705
Number of pages23
JournalAmerican Economic Review
Issue number3
StatePublished - Jun 2002

ASJC Scopus subject areas

  • Economics and Econometrics


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