EEOC Releases Statistics Showing Busy FY 2009 Which Favored Employers

Earlier this month, the EEOC released its Fiscal Year 2009 statistics which showed a slight decrease in the number of discrimination charges filed with the agency compared to the prior fiscal year. In terms of the type of allegations, 36% alleged race discrimination, 36% retaliation, 30% sex discrimination, 24% age discrimination and 23% disability discrimination.(Obviously, some Charges alleged more than one factor). Interesting, the EEOC disclosed that it dismissed over 60% of all charges filed after an investigation as lacking reasonable cause of discrimination. Almost 20% of Charges are closed administratively because the Charging Party ceases cooperating or could not be located, etc. Ten percent of cases were closed with settlement and almost 6% of cases resulted in a withdrawal of the Charge with benefits to the Charging Party. Only 4.5% of all charges filed were found to show probable cause of discrimination following an investigation. Nonetheless, the EEOC obtained almost $300M in benefits through settlement, mediation, and litigation for successful Charging Parties, an increase over FY 2008.

Insomniacs can read more about the statistics at http://www.eeoc.gov/eeoc/newsroom/release/1-6-10.cfm.

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.

EEOC Announces Record Increase in Filings of Charges of Discrimination

Yesterday the EEOC announced “that workplace discrimination charge filings with the federal agency nationwide soared to an unprecedented level of 95,402 during [the 2008] Fiscal Year” (which ended in September). This is a 15% increase from last year. “The FY 2008 enforcement and litigation statistics, which include trend data, are available online at http://www.eeoc.gov/stats/enforcement.html.”

According to the FY 2008 data, all major categories of charge filings in the private sector (which includes charges filed against state and local governments) increased. Charges based on age and retaliation saw the largest annual increases, while allegations based on race, sex and retaliation continued as the most frequently filed charges. The surge in charge filings may be due to multiple factors, including economic conditions, increased diversity and demographic shifts in the labor force, employees’ greater awareness of the law, EEOC’s focus on systemic litigation, and changes to EEOC’s intake practices.

In particular, there were 95,402 total discrimination charges filed in the last fiscal year (compared to less than 83,000 in FY 2007), including 33,937 race discrimination, 28,372 sex discrimination, 10,601 national origin discrimination, 3,273 religion discrimination, 32,690 retaliation, 24,582 age discrimination, 19,453 disability discrimination and 954 Equal Pay Act Charges filed.

The FY 2008 data also show that the EEOC filed 290 lawsuits, resolved 339 lawsuits, and resolved 81,081 private sector charges. Through its combined enforcement, mediation and litigation programs, the EEOC recovered approximately $376 million in monetary relief for thousands of discrimination victims and obtained significant remedial relief from employers to promote inclusive and discrimination-free workplaces.

Insomniacs can read the full press release at http://www.eeoc.gov/press/3-11-09.html.

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. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with an attorney.

EEOC Reports Record Number of Charges Being Filed by, and Financial Recoveries for, Employees in 2007

Yesterday, the EEOC announced that it “received a total of 82,792 private sector discrimination charge filings last fiscal year, the highest volume of incoming charges since 2002 and the largest annual increase (9%) since the early 1990s. . . . The data, available online at www.eeoc.gov/stats/charges.html, also show that the EEOC recovered $345 million in monetary relief for job bias victims.” The monetary relief is also a record high.

Rather than attributing the increased volume in Charges – which are only unproven allegations -- to a slowing economy and employment insecurity, the EEOC attributes the uptick to a resurgence in employment discrimination: “Corporate America needs to do a better job of proactively preventing discrimination and addressing complaints promptly and effectively,” said Commission Chair Naomi C. Earp. “To ensure that equality of opportunity becomes a reality in the 21st century workplace, employers need to place a premium on fostering inclusive and discrimination-free work environments for all individuals.” Nonetheless, the EEOC conceded that “[t]he jump in charge filings may be due to a combination of factors, including greater awareness of the law, changing economic conditions, and increased diversity and demographic shifts in the labor force.”

“According to the EEOC’s FY 2007 data, allegations of discrimination based on race, retaliation, and sex were the most frequently filed charges, continuing a long-term trend. Additionally, nearly all major charge categories showed double digit percentage increases from the prior year -- a rare occurrence.

The EEOC also reported that “for the first time, retaliation was the second highest charge category (behind race), surpassing sex-based charges in total filings with EEOC offices nationwide. Historically, race has been the most frequently filed charge since the EEOC became operational in 1965. In addition to the statutory bases of discrimination, charges filed with the EEOC and state and local Fair Employment Practices Agencies (combined) also trended upward for the high visibility issues of pregnancy discrimination and sexual harassment.”

“During FY 2007, pregnancy charges surged to a record high level of 5,587, up 14% from the prior fiscal year’s record of 4,901. Sexual harassment filings increased for the first time since FY 2000, numbering 12,510 – up 4% from the prior fiscal year’s total of 12,025. Additionally, a record 16% of sexual harassment charges were filed by men, up from 9% in the early 1990s. Other year-end statistics released today show that the EEOC:
· Recovered approximately $345 million in total monetary relief for charging parties, up 26% from the prior year’s total of $274 million. Nearly $55 million was obtained through EEOC litigation and more than $290 million through administrative enforcement, including mediation. Additionally, the agency obtained substantial non-monetary relief, such as employer training, policy implementation, reasonable accommodations, and other measures to promote discrimination-free workplaces.
· Resolved 72,442 private sector charges, with a historically high merit factor rate of 23%. Merit factor resolutions include mediation and other settlements and cause findings, which, if not successfully conciliated, are considered for litigation. Most meritorious charges are resolved voluntarily with employers prior to any EEOC litigation.
· Filed 336 merits lawsuits (direct suits, interventions and other enforcement actions), including 116 class cases involving multiple aggrieved parties or victims of discriminatory policies. Significant injunctive and remedial relief was also achieved through litigation settlements, jury trials and court rulings. The agency’s litigation program increasingly focused on class and systemic cases as part of its national law firm model.
Insomniacs can read the full press release at http://www.eeoc.gov/press/3-5-08.html.