Monday, April 29, 2019

EEOC Releases 2018 Fiscal Year Enforcement Statistics

Earlier this month, the EEOC released its annual enforcement statistics for the fiscal year that ended on September 30, 2018.  It received 76,418 Charges in the last fiscal year and 3% of those were filed in Ohio.    Retaliation remains the most common form of allegation made in Charges of Discrimination, being asserted in over half of all charges filed.  About the same percentage of Charges were filed on the basis of race, sex and disability (approximately 32% each).   Similar to last year, age discrimination was asserted in only 22% of Charges and the remaining issues were only in the single digits.   (Obviously, Charges may contain more than one type of allegation).   The EEOC reported receiving 7,609 sexual harassment charges - a 13.6 percent increase from FY 2017 - and obtained $56.6 million in monetary benefits for victims of sexual harassment.



The EEOC also reported that it resolved 90,558 charges of discrimination (compared to the 76,418 filed).  In November, the EEOC reported a 19.5% reduction in backlog of private sector charges to 49,607 (its lowest in 12 years) and reported that it had filed 199 lawsuits. The EEOC secured approximately $505M and other relief for over 67,860 victims of discrimination in the workplace in the last fiscal year through litigation. It has 302 active cases on its docket.



As for the pre-litigation resolution of Charges, 6.1% were resolved through settlement and 5.6% were withdrawn by the Charging Party (without a formal settlement) with benefits.  Fourteen percent were administratively closed (which likely means that the Charging Party could not be located or had stopped returning calls). Over 70% of Charges were dismissed for lacking probable cause (i.e., lacked merit or proof).   All of these statistics are similar with the prior year.   Only 3.5% of Charges (approximately 3,113 of the Charges) were found after an investigation to assert probable cause of discrimination.  This is an increase over last year.   Less than half of these Charges were successfully conciliated prior to litigation.  The EEOC’s resolution of Charges in the last fiscal year (prior to litigation) resulted in the recovery of $354M for Charging Parties, which is consistent with recoveries in recent years.



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.