Why do People Fail in Discrimination Cases? A Content Analysis of 5 Years of Belgian Employment Courts Case-Law

That discrimination cases are particularly difficult to win in court is a common finding of legal scholarship in many countries. The problem of proof and a tendency of judges to restrictively interpret the law are often put forward to explain this situation. Yet, such observations are very general and leave unresolved the question whether, among legal actions for discrimination, certain categories of actions are more likely to fail or succeed than others, and if so why. In the US, the seminal socio-legal research undertaken by Berrey, Nelson and Nielsen has shed important light on the variety... Mehr ...