Tuesday, February 16, 2016

EEOC Releases 2015 Fiscal Year Charge Enforcement Statistics

Last week, the EEOC released its enforcement statistics for Charges of Discrimination and litigation filed during the fiscal year ending September 30, 2015. There was a slight increase in the number of Charges filed (89,385) over the prior year (88,778) and it resolved more charges (92,641) than it received, unlike the prior year.   Unsurprisingly, retaliation not only remained the most common allegation, but the number of charges alleging retaliation increased and was present in 45% of all private sector Charges filed.  Unlike prior years, the EEOC did not this year release Charge statistics by state. 

Most Charges allege more than one type of illegal employment practice.   Race remained the second most common allegation, but disability overtook sex discrimination and harassment to become the third most common allegation nationally. 

The EEOC filed 142 lawsuits nationwide last year – 9 more than the prior fiscal year.    Following an investigation, 65.2% of Charges were dismissed as lacking reasonable cause.  Almost a third were dismissed without an investigation: 16.7% were administratively closed, 5.7% were withdrawn with benefits and 8.9% were closed following a settlement between the parties.  Only 3.5% of Charges were found to have reasonable cause after an investigation.

The EEOC announced that it obtained$356.6M in pre-litigation settlements, mediation and conciliation, compared to $296.1M last year, $372.1M in 2013, $365.4M in 2012, and $364.6M in 2011.  Litigation settlements last year obtained $65.3M, compared to $22.4M  in 2014, $39M in 2013, $44.2M in 2012, and $91M in 2011. 

Most Charges continue to complain about discharges, harassment, discriminatory terms and conditions of employment, and disciplinary action.  There was a slight decrease in the number of Charges complaining about illegal waivers and wage discrimination.

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 be changed or 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.