The goal of a discrimination-free workplace remains elusive as in fiscal year 2009 a record number (93,277) workplace discrimination charges were filed nationwide, the second highest ever, according to the Equal Employment Opportunity Commission (EEOC). Monetary relief for victims topped $376 million.
“The latest data tell us that, as the first decade of the 21st century comes to a close, the Commission’s work is far from finished,” said EEOC Acting Chairman Stuart Ishimaru. “Equal employment opportunity remains elusive for far too many workers and the Commission will continue to fight for their rights. Employers must step up their efforts to foster discrimination-free and inclusive workplaces, or risk enforcement and litigation by the EEOC.”
Private sector job bias charges (including filings against state and local governments) alleging discrimination based on disability, religion and/or national origin hit record highs. Multiple types of discrimination may be alleged in a single charge filing.
1. Age-based discrimination numbers reached the second-highest level ever.
2. Race-based – 36%
3. Retaliation – 36%
4. Sex based – 30%
The near-historic level of total discrimination charge filings may be due to multiple factors, including greater accessibility of the EEOC by the public, economic conditions, increased diversity and demographic shifts in the labor force, employees’ greater awareness of their rights under the law, and changes to the agency’s intake practices reducing the number the steps needed for an individual to file a charge.
Fiscal Year 2009 data showed the EEOC resolved 85,980 private sector charges. In FY 2009, the Commission resolved more charges alleging unlawful harassment than ever before, as well as allegations under Title VII of the Civil Rights Act. In FY 2009, the EEOC recovered a record high of $294 million through administrative enforcement and mediation. Further, the productivity of EEOC investigators increased in FY 2009. The EEOC resolved the second highest number of charges per available investigator in the past 20 years. (workersxzcompxzkit) T
The Commission also filed 281 new “merits” lawsuits and resolved 321 merits lawsuits in FY 2009. Merits suits include direct suits and interventions alleging violations of the substantive provisions of the statutes enforced by the Commission and suits to enforce administrative settlements. Learn more at http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm
Author Robert Elliott
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