EEOC REPORTS THAT BIAS DISCRIMINATION CHARGE FILINGS/COMPLAINTS ARE UP 9% IN FISCAL YEAR 2007

According to statistics released on Wednesday March 5, 2008, by the U.S. Equal Employment Opportunity (“EEOC”), which enforces federal laws prohibiting employment discrimination, during Fiscal Year 2007 the EEOC received a total of 82,792 private sector discrimination charge filings/complaints, the highest volume of incoming charges since 2002 and the largest annual increase (9%) since the early 1990s.  The EEOC’s fiscal year 2007 enforcement and litigation report is available online at www.eeoc.gov.  According to the data, allegations of discrimination based on race, retaliation, and sex were the most frequently filed charges and continue a long-term trend upward.  More specifically, the data sets forth the following: 

• Race discrimination charges are 12% - the highest level since 1994;

• Retaliation charges are up 18% - a record high level, double since 1992;

• Sex and gender discrimination charges are up 7% - the highest level since 2002;

• Age discrimination charges are up 15% - the largest annual increase since 2002;

• Disability discrimination charges are up 14% - the highest level since 1998;

• National origin discrimination charges are up  12% - above 9,000 for second time ever;

• Religion discrimination charges are up 13% - record high level, double since 1992.

The data also shows that the EEOC recovered a record $345 million in monetary relief for job bias victims.  According to the report, the EEOC recovered nearly $55 million through EEOC litigation and more than $290 million through administrative enforcement, including mediation.  Additionally, the EEOC obtained substantial non-monetary relief, such as employer training, policy implementation, reasonable accommodations, and other measures to promote discrimination-free workplaces. In the report EEOC Chair Naomi C. Earp states that, “Corporate America needs to do a better job of proactively preventing discrimination and addressing complaints promptly and effectively….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.”  

 

Given the number and complexity of laws prohibiting employment discrimination, coupled with the dynamics of today’s diverse workforce, employers need to be constantly vigilant of the risks of liability arising from daily interactions between managers and their employees.  Jackson & Campbell’s Employment Law Practice Group advises that all employers have a quality employee handbook in place and sponsor regular employee training sessions to avoid claims of discrimination.  The firm can counsel you on best practices that will assist your company to proactively prevent discrimination and avoid it becoming part of these troubling statistics.

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