To stir the pot a bit, I recall reading somewhere….
that the most common type of discrimination lawsuit is age discrimination by older people;
that these suits are the most expensive discrimination cases to litigate;
that they are brought disproportionately by white males; and
that they are won disproportionately to other forms of discrimination suits.
I’ll see if I can find the citation when I get back to work. Pretty sure I pulled it from a law review article somewhere. Perhaps we can massage this into a tolerable worldview with some Rawlsian minmaxing. But maybe not. Thoughts?
Update: I appear not to have correctly remembered the first claim, but for the second through fourth, see Michael K. Brown et al. Whitewashing Race: The Myth of a Color-Blind Society, chapter 5, “Civil Rights and Racial Equality: Employment Discrimination Law, Affirmative Action, and Quotas,” Berkeley: University of California Press, 2003, pp 161-192.
Many anti-discrimination suits of all types are settled out of court, making it harder to gather data on them as a group. But of the suits that get a trial, the remaining claims hold true.
Update II: In fact age lags well behind gender and race in terms of the total number of suits filed. If you have access to SSRN, you may want to see Nielsen, Laura Beth, Nelson, Robert L. and Lancaster, Ryon, “Uncertain Justice: Litigating Claims of Employment Discrimination in the Contemporary United States.” 3rd Annual Conference on Empirical Legal Studies Papers; American Bar Foundation Research Paper No. 08-04. Note that this is a preliminary paper, so do not consider this a formal citation, only a suggestion for further reading.