Job Discrimination Charges Soar to Unprecedented Levels
April 1, 2009
by Employment & Labor Law / Employee Benefits Group
Stinson Morrison Hecker LLP
Copyright © 2009
Workplace discrimination charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) soared 15% – to a record high of 95,402 – during fiscal year 2008, according to new data released by the agency on March 11, 2009.
Allegations – Nationwide, race discrimination remained the most frequent allegation of employment discrimination – asserted in more than one in every three (35.6%) complaints filed with the EEOC – followed by retaliation (34.3%), sex discrimination (29.7%), age (25.8%), disability (25.8%), national origin (11.1%), religious discrimination (3.4%), and equal pay (1%).
Age and Retaliation – Charges based on age and retaliation saw the largest annual increases – soaring by 28% and 23% respectively.
Disposition of Charges – As in past years, only about 1 in 5 discrimination charges (21.4%) were closed with a favorable outcome for the charging party (merit resolution), including through settlement (10.9%), withdrawal of the charge with benefits (5.9%), and a finding of reasonable cause (4.6%). In contrast, nearly six in ten (58.2%) charges were deemed to have “no reasonable cause” and one in five (20.5%) were administratively closed.
Monetary Benefits – The EEOC recovered $274.4 million in monetary relief for charging parties through administrative enforcement, including mediation.
EEOC Litigation – The EEOC filed 290 merit lawsuits (including direct suits, intervention, and other enforcement actions) and recovered $102.2 million through litigation.
In Brief - According to the EEOC, “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.” Given the troubled economy, rising unemployment, and new legislation – including the ADA Amendments Act, the Lily Ledbetter Fair Pay Act, and the Genetic Information Nondiscrimination Act – the volume of employment discrimination charges are expected to remain high.
Stinson Morrison Hecker LLP is one of the country's largest law firms with more than 340 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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