EEOC Releases Fiscal Year 2013 Statistics Reflecting Less Activity

 Last week, the EEOC released its enforcement statistics for the 2013 fiscal year, which ended on September 30.   It announced that it recovered a record $372.1M on behalf of Charging Parties through the administrative process even though it received 5.7% fewer Charges of Discrimination than in the prior year and dismissed 82% of Charges it received without any monetary recovery for the Charging Parties.  Ohio employees accounted for 3.3% of the Charges it received.  The Commission initiated 131 lawsuits (more than the last year, but far fewer than in 2011), resolved 209 lawsuits and recovered $39M (which is a decrease over the prior year) through litigation.  Following an investigation, 66% of the Charges were dismissed for lacking probable cause. Another 16% were administratively closed without an investigation. Reasonable cause of discrimination was found in only 3.6% of Charges processed.  Approximately 15% were resolved through mediation or settlement.

The EEOC also resolved more Charges last year than it received (because of the well-known backlog).  Although most Charges cite multiple legal violations, retaliation remains the most frequent claim asserted (at 41.%), followed by race (35.3%) and then sex and sexual harassment (29.5%) and disability (27.7%).  The percentages for retaliation, race and disability Charges increased, while the number of sex discrimination charges decreased by 2,600. The issues being raised the most often in Charges include: job assignment, benefits, constructive discharge, demotion, discharge, discipline, hiring, harassment, intimidation, promotion, reasonable accommodations, wages and other terms and conditions of employment.   

As for Charges filed in Ohio, retaliation was the most cited claim (38%), followed by race (35.8%), disability (31.6%), age (28.5%) and sex (26.5%).

These statistics obviously do not include amounts recovered through litigation brought by the employees without the assistance of the EEOC (as employees have the right to file their own lawsuit within 90 days after the EEOC has dismissed their Charge or closed their file).

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.