Fewer Discrimination Charges Filed with EEOC
March 1, 2006
by Employment & Labor Law / Employee Benefits Group
Stinson Morrison Hecker LLP
Copyright © 2006
"Discrimination charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) against private sector employers declined last year by 5 percent," according to data released by the agency on February 9, 2006.
Number of Charges – "Charges filed at EEOC field offices throughout the country totaled 75,428 for FY 2005, which ended Sept. 30, continuing a three-year decrease."
Allegations – Race discrimination (35.5%) continued to be the most frequent allegation asserted in EEOC charges, followed by sex discrimination (30.6%), retaliation (29.5%), age (22.0%), disability (19.7%), national origin (10.7%), religious discrimination (3.1%), and equal pay violations (1.3%). "Additionally, there were 12,679 sexual harassment charge filings and 4,449 pregnancy discrimination filings in FY 2005 with EEOC offices and state and local Fair Employment Practices Agencies (combined). Of the total number of sexual harassment charges, 14% were filed by men."
Processing Time – The average time it took for the EEOC to process a discrimination charge was 171 days (more than 5½ months), up slightly from last year.
Mediation – The EEOC resolved 7,908 cases through the agency’s National Mediation Program, and obtained $115 million though mediation. The average resolution time for a charge in mediation was 81 days.
Disposition of Charges – Only about 1 in 5 discrimination charges (21.5%) were closed with a favorable outcome for the charging party (merit resolution). Nearly two-thirds (62.2%) were deemed to have "no reasonable cause," and nearly 1 in 6 (16.4%) were administratively closed (e.g., charging party failed to respond to EEOC communications, charging party requested withdrawal of a charge without receiving benefits or having resolved the issue, no statutory jurisdiction, etc.).
Monetary Benefits – The EEOC "obtained nearly $380 million in monetary relief for charging parties through enforcement and litigation combined, including a record $271.6 million at the pre-litigation state (including $115 million through mediation)."
Litigation – "The EEOC filed 383 merit lawsuits (direct suits, interventions, and conciliation agreement enforcement actions), resolved 337 merit suits, and obtained $107.7 million in litigation monetary benefits. Of the total litigation activity, 139 suits were filed and 116 suits resolved that involved mutliple aggreived parties or victims of discriminatory actions."
Bottom Line – The number of discrimination charges filed annually with the EEOC has declined in each of the past three years. It is believed that proactive prevention efforts – including the development and dissemination of written policies against discrimination and harassment, the training of managers and supervisors, effective procedures for employees to report allegations, regular consultation with legal counsel, and the taking of appropriate corrective action when necessary – have contributed to the decline in the number of charges filed.
Stinson Morrison Hecker LLP is one of the country's largest law firms with more than 335 attorneys in more than 45-industry-focused areas. If you would like more information regarding this summary, please contact one of our Employment & Labor Law and Employee Benefits attorneys.
Law at Work is designed to give general information and is not intended to be a comprehensive summary or to treat exhaustively the subjects and matters covered. The information appearing herein does not constitute legal advice or opinions. Such advice and opinions are provided only upon engagement with respect to specific factual situations. Nothing contained herein shall be considered as an admission in any matter or controversy.
|
Kansas City, MO 1201 Walnut St., Suite 2900 Kansas City, MO 64106 816.842.8600 |
Overland Park, KS 12 Corporate Woods 10975 Benson, Suite 550 Overland Park, KS 66210 913.451.8600 |
St. Louis, MO 168 N. Meramec, 4th Floor St. Louis, MO 63105 314.863.0800 |
Wichita, KS 1625 N. Waterfront Pkwy Wichita, KS 67206 316.265.8800 |
|
Omaha, NE 1299 Farnam St., Suite 1501 Omaha, NE 68102 402.342.1700 |
Phoenix, AZ 1850 N. Central Ave, Suite 2100 Phoenix, AZ 85004 602.279.1600 |
Jefferson City, MO 230 W. McCarty St. Jefferson, City, MO 65101 573.636.6263 |
Washington, D.C. 1150 18th St., N.W., Suite 800 Washington, D.C. 20036 202.785.9100 |
| www.stinson.com | www.lawatwork.com | ||
