Pattern or Practice Claim

A discrimination theory alleging that an employer engaged in a routine or systematic policy of intentional discrimination against a protected class, rather than isolated incidents. Pattern-or-practice claims are typically brought by the EEOC or through class actions and carry the highest potential liability because they implicate company-wide policies. Litigation funders view these as high-conviction funding targets when statistical evidence and documentary support are strong, given the scale of potential back pay and injunctive relief.

Because pattern-or-practice claims implicate company-wide policy rather than isolated incidents, funders treat them as high-conviction targets when the statistical and documentary support is strong, given the scale of potential back pay and injunctive relief across an entire workforce. The underwriting emphasis shifts from any single plaintiff's credibility to the robustness of the aggregate evidence, which is why funders invest early in independent workforce-data analysis before committing significant capital.