More Employees are Filing Discrimination Charges
March 11, 2007
by Employment & Labor Law / Employee Benefits Group
Stinson Morrison Hecker LLP
Copyright © 2007
"The U.S. Equal Employment Opportunity Commission (EEOC) last year received a total of 75,768 discrimination charges against private sector employers, the first increase in charge filings since 2002," according to data released by the agency on February 1, 2007.
Allegations – As in past years, nationwide, race discrimination (35.9%) continued to be the most frequent allegation asserted in EEOC charges, followed by sex discrimination (30.7%), retaliation (29.8%), disability (20.6%), age (17.9%), national origin (11%), religious discrimination (3.4%), and equal pay violations (0.9%). All charge categories edged up from the previous year, with the exception of age discrimination and equal pay violations.
Sexual Harassment and Pregnancy Discrimination – "Additionally, 12,025 sexual harassment charges and a record 4,901 pregnancy discrimination charges were filed with the EEOC and with state and local Fair Employment Practices Agencies combined. A record 15 percent of sexual harassment charges were filed by men."
Disposition of Charges – Similar to past years, only about 1 in 5 discrimination charges (22.2%) were closed with a favorable outcome for the charging party (merit resolution). Nearly two-thirds (61.2%) were deemed to have "no reasonable cause," and nearly one in six (16.6%) 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 “recovered a total of approximately $274 million in monetary relief for charging parties: $44 million through litigation and $230 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.”
EEOC Litigation – The EEOC "filed 371 merits lawsuits (direct suits, interventions and other enforcement actions), including 137 cases involving multiple aggrieved parties or victims of discriminatory policies. Significant injunctive and remedial relief was also achieved through litigation settlements, jury verdicts and court rulings."
Bottom Line - The EEOC estimates that it will receive about 75,000 charges of discrimination during fiscal year 2007. Steps that employers can take to minimize discrimination charges include: develop and disseminate a written policy against discrimination and harassment; periodically train managers and supervisors; provide an effective procedure for employees to report allegations of discrimination and harassment; consult with legal counsel; and take appropriate corrective action, when necessary.
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.
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