Footnote 112

Nancy Montweiler, Disabilities: Internal Review Reflects High Success Level of EEOC Attorneys; Upswing in Recent Filings, 19 Empl. Discrim. Rep. (BNA) 203 (Aug. 21, 2002) [hereinafter Internal Review]; Press Release, U.S. EEOC, EEOC Issues Comprehensive Litigation Report (Aug. 13, 2002) at http://www.eeoc.gov/press/8-13-02.html (last visited May 13, 2003). The EEOC as plaintiff faced better odds: it won about 60% of the cases it took to trial and 80% of the cases appealed. Id. A study of 966 employment cases in the New York federal courts between April 1997 and May 1998- which did not treat EEOC cases separately - yielded very similar results: of the 3.5% of cases tried, plaintiffs won only 26.5% of the time. See Richard R. Ross, The Pros and Cons of Mandatory Company Employment Plans, Alternatives, Nov.-Dec. 2002, at 202 (reporting on a study by the law firm of Orrick, Herrington & Sutcliff L.L.P.).