Sharp Rise in Discrimination Charges
April 1, 2008
by Employment & Labor Law / Employee Benefits Group
Stinson Morrison Hecker LLP
Copyright © 2008
Nearly 83,000 private sector discrimination charges were filed with the U.S. Equal Employment Opportunity Commission (EEOC) in fiscal 2007 – a nine percent jump over the previous year and the highest number of charges in five years, according to data released by the agency on March 5, 2008.
Numbers of Charges – In fiscal 2007, 82,792 discrimination charges were filed with the EEOC, up from 75,768 in the previous year. It was the second largest number of charges filed with the agency in the past decade.
Allegations – Nationwide, race discrimination (37.0%) was the most frequent allegation asserted in EEOC charges, followed by retaliation (32.3%), sex discrimination (30.1%), age (23.2%), disability (21.4%), national origin (11.4%), religious discrimination (3.5%), and equal pay (1.0%).
Race, Age and Disability – The EEOC received 30,510 charges of race discrimination, up 12 percent from fiscal 2006, and the most since 1994. Age discrimination charges totaled 19,103, up 15 percent from the previous year and the largest number in five years. The number of disability discrimination charges soared to 17,734, a 14 percent increase over fiscal year 2006 and the highest level since 1998.
Sexual Harassment and Pregnancy Discrimination – The EEOC received a record-high 5,587 pregnancy discrimination charges in fiscal 2007. In addition, 12,510 sexual harassment charges were filed with the agency, including a record 16 percent from men.
Disposition of Charges – As in past years, only about 1 in 5 discrimination charges (22.9%) were closed with a favorable outcome for the charging party (merit resolution), including through settlement (12.2%), withdrawal of the charge with benefits (5.7%) and by a finding of reasonable cause (5.0%). In contrast, nearly six in ten (59.3%), charges were deemed to have “no reasonable cause,” and one in six (17.8%) were administratively closed.
Monetary Benefits – The EEOC recovered a record $290.6 million in monetary relief for charging parties through administrative enforcement, including mediation.
EEOC Litigation – The EEOC filed 336 merit lawsuits (including direct suits, intervention, and other enforcement actions), and recovered $54.8 million through litigation.
Bottom Line – According to the EEOC, “possible factors for the increase in discrimination charges include: changes in the economy, employees’ increased awareness of their rights under Title VII and other anti-discrimination laws, and greater access to EEOC through the agency’s outreach efforts, its enhanced Web site and other public education tools.”
Stinson Morrison Hecker LLP is one of the country's largest law firms with more than 360 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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