The Equal Employment Opportunity Commission (EEOC) announced earlier this month that it received 93,277 workplace-discrimination complaints in FY 2009, which ended September 30, 2009. That number is second only to the record number of charges filed with the agency in FY 2008.
Continuing a 10-year pattern, the most frequently filed charges with the EEOC in FY 2009 were those alleging discrimination based on race (36%), retaliation (36%), and sex (30%). Notably, private sector charges alleging discrimination based on disability, religion, and/or national origin hit record highs and workers filed a near-record number of age bias claims.
Monetary relief totaled over $376 million. This figure, however, does not include awards and settlements obtained by workers through private litigation.
Many of the latest statistics – especially the high number of age discrimination charges and the increase in disability bias claims – can be attributed to the massive number of layoffs last year and the amendments to the American with Disabilities Act that made the law more employee-friendly.
According to the EEOC, the rise of discrimination cases also can be attributed to a number of other factors, most notably perhaps is the agency’s recently streamlined procedures, which make it easier for workers to file charges.
More discrimination suits can be expected in the future and employers need to make sure they have proper procedures and policies in place so as to mitigate the risk of such claims.
Specifically, employers should focus on ensuring policies and procedures are in place to determine when an employee who claims a disability is entitled to reasonable accommodation as the definition of disability is much broader now. Additionally, employers should take steps to ensure any anticipated reductions-in-force are not vulnerable to claims of discrimination. And with the passage of the Lilly Ledbetter Fair Pay Act, employers are advised to audit their compensation practices as many attorneys are amending existing pay discrimination lawsuits and filing new ones. The EEOC has promised to specifically focus on pay bias claims in 2010 so now is the time for employers to take steps to protect themselves.
