Legal Alert: EEOC Reports Record Number of Discrimination Charges
1/26/2012
Executive Summary: According to information released by the Equal
Employment Opportunity Commission (EEOC), in 2011 the agency received
a record number of discrimination charges and obtained a record amount of
relief for discrimination claimants.
In a press release issued January 25, 2012, the agency stated that it
received 99,947 discrimination charges against private sector employers in
FY 2011 (which ended September 30, 2011). This is up slightly from the
99,922 it received in 2010. Charges alleging retaliation under all of the
statutes the EEOC enforces accounted for the highest overall percentage of
private sector complaints received (37.4%), followed closely by race
discrimination complaints (35.4%). Claims of religious discrimination, while
not as numerous as retaliation and race discrimination claims, increased by
charge categories.
In addition to the record number of charges received, the agency also
reported that it obtained a record $455.6 million in relief for private sector,
state, and local employees and applicants, a more than $51 million increase
from the past fiscal year. ADA charges produced the highest amount of
monetary relief among all of the statutes. According to the EEOC, the
administrative relief obtained for disability discrimination charges increased
by almost 35.9% to $103.4 million compared to $76.1 million in the previous
fiscal year.
Employers' Bottom Line:
The increase in discrimination charges may reflect the public's increased
awareness of discrimination laws as well as increasingly aggressive
enforcement efforts by the EEOC. Additionally, the weak economy may
have contributed to this increase. The EEOC's draft Strategic Plan for
2012-2016 notes that during difficult economic times, the agency may see
an increase in overall charges as more people are laid off. With fewer jobs
available, these people may be more likely to file discrimination claims
instead of moving on to another job, as they might be able to do in a
stronger economy.
Accordingly, it is more important than ever for employers to be aware of their
obligations under employment discrimination laws, especially reasonable
accommodation obligations under the ADA. It is also essential to ensure
that any adverse employment actions are based on legitimate business
reasons and that these reasons can be verified through proper documentation.
If you have any questions regarding this Alert or other labor or employment
related issues, please contact the Ford & Harrison attorney with whom you
usually work.
If you are seeking an Executive or Career Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC, MCEC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Executive Director for the Association of Corporate Executive Coaches (http://www.acec-website.org).
