Last week, the EEOC released its enforcement
statistics for the fiscal year ending September 30, 2014. It announced that it received 88,778 Charges of Discrimination, which is a significant decrease
over the Charges received in the 2013
(93,727), 2012,
(99,412), and 2011
(99,947). Nationally, retaliation (43%), race
discrimination (35%), sex discrimination (including harassment) (29%) and
disability discrimination (28%) remained the most common allegations. (Most charges allege more than one form of
discrimination). Notwithstanding the fact
that the Commission received significantly fewer Charges last year, it also resolved
1,336 fewer Charges than it received – the first time that has happened since
2009. Following
an investigation, 65.6% of Charges
were dismissed for lacking probable cause. Another 17% were administratively
closed without an investigation. Reasonable cause of discrimination was found
in only 3.1% of Charges processed. As
for Charges filed in Ohio (2,893), retaliation (40.2%) and race discrimination
(36.3%) remained the most prevalent, followed by disability discrimination
(31.6%), and sex and age discrimination (both 27.8%). Discharge and harassment remained the most commonly
alleged forms of discrimination. Notably, there was a significant
increase in the number of charges challenging job advertisements (particularly
regarding age discrimination), employment testing, waivers, and early
retirement incentives.
Approximately 14%
of Charges were resolved through mediation or settlement. The EEOC announced
that it obtained $296.1M in pre-litigation settlements,
compared to $372.1M in 2013, $365.4M in 2012,
and $364.6M in 2011.
The EEOC initiated 133 lawsuits
last fiscal year, compared to 131 filed in 2012, 122 filed in 2011 and 300 in
2011. Litigation settlements in 2014 obtained $22.4M, compared to $39M in 2013,
$44.2M in 2012, and $91M in 2011.
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.
