The use of multiple regression analysis in employment discrimination cases

This paper explores the use of multiple regression in employment discrimination cases brought under the Equal Pay Act of 1963 or Title VII of the Civil Rights Act of 1964. Through examining the outcomes of the cases and judicial commentary about regression analyses as evidence, the paper concludes that plaintiffs are most likely to prevail in cases where both the plaintiffs and defendants utilize regression. Plaintiffs who do not present regression analyses as evidence are at a distinct disadvantage when defendants do so. However, defendants are not similarly disadvantaged when responding to a plaintiffs regression analysis without their own statistical showing. Finally, plaintiffs who support their regression analyses with witness testimony of discriminatory employer acts appear to be more likely to prevail than plaintiffs who do not present such witnesses.