Analysis of FCHR Case Outcomes
With Retaliation vs Without Retaliation

Fact #1: 43% of cases which do not involve a retaliation charge end with a loss.

• This is a noticeably higher percentage than cases which do include a retaliation charge (33%).
• Plus, this value is slightly greater than the global average (40%)

○ “Loss”, of course, means a verdict in favor of the defendant (see data definitions page).

Fact #2: 4% of cases which do not involve a retaliation charge end with a victory.

• This is a slightly higher percentage than cases which do include a retaliation charge (2%).
• Plus, this value is slightly greater than the global average (3%)

○ “Loss”, of course, means a verdict in favor of the plaintiff (see data definitions page).

Takeaway #1:: When a company retaliates against its employees, that same company is slightly more likely to settle the lawsuit.

Settlement Rate: 28% vs 24% (retaliation proceedings vs non-retaliation proceedings)

Takeaway #2: When a company retaliates against its employees, that same company is much less likely to go to trial

• Trial Rate: 35% vs 47% (retaliation proceedings vs non-retaliation proceedings).
○ "Trial Rate" = "loss" rate + "victory" rate (eg, 33% + 2% = 35% [for w/Retaliation])

Additional: These numbers can be further analyzed by:

(a) case type;
(b) charge (eg, age, col, etc.);
(c) determination impact; (ie, 'cause' vs 'no cause')
(d) legal representation; (ie, 'with attorney' vs 'without attorney')
(e) year;
(f) the plaintiff's demographics (eg, age, dis, etc.).