My EEOC Charge is 1 in 90,000 - EEOC Fiscal Year 2018 Enforcement and Litigation Data

On April 10, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) released detailed breakdowns of its work in fiscal year 2018 which ended on September 30, 2018. You can find details on its website but some remarkable statistics are as follows:

  • Received 76,418 charges of workplace discrimination

  • Resolved 90,558 charges of discrimination (including those filed in prior years)

  • Secured $505 million for victims in private sector, state and local government, and federal workplaces

  • Handled over 519,000 calls to its toll-free number, 34,600 emails and more than 200,000 inquiries in field offices

  • Filed 199 merits lawsuits alleging discrimination, including 117 individual suits and 45 suits involving multiple victims or discrimin­atory policies and 37 systemic discrimination cases

  • Achieved a successful outcome in 95.7 percent of all district court resolutions

Often, people inquire whether the #MeToo movement spurred more legal disputes. EEOC data demonstrates this was indeed the case. The agency also received 7,609 sexual harassment charges – a 13.6 percent increase from FY 2017 – and obtained $56.6 million in monetary benefits for victims of sexual harassment.

However, leading the pack as the most frequently alleged basis of discrimination with 51.6% of all charges filed, was “retaliation”, followed by “sex”, then “disability” then “race”, then “age”.

Discrimination 101

Recently there have been a number of significant decisions regarding discrimination in the workplace highlighting the fact that preventing discrimination is a responsibility of every employer. Employers who fail to meet this challenge by failing to take all reasonable steps to prevent discrimination can be held directly responsible for discrimination or vicariously liable for the actions of their employees.

What constitutes discrimination has varied by court or even by judge; however, the law is clear that employers should ensure that they do not discriminate (or allow their employees to discriminate) on the basis of the following:

  • Race
  • Nationality
  • Sex
  • Religion
  • Age
  • Disability
  • Political affiliation
  • Marital status
  • Pregnancy
  • Gender/Gender identity/Gender orientation
  • Creed

This is not an exhaustive list depending on your jurisdiction (federal, state, municipal etc.) but it covers most of the basics.

For example, in a recent case, a major rail network was held vicariously liable for the actions of its employees who had sexually harassed a female manager. The manager was subjected to having graffiti of a “particularly graphic and highly offensive nature” written about her in the men’s bathroom at work. In a further incident, a pornographic magazine was pushed under the door of her office. The female manager successfully obtained a large monetary award as a token of the employer’s failures.

Employers will be held accountable for failing to take all reasonable steps to prevent discrimination and harassment in their workplace and to address complaint of discrimination and harassment quickly and confidentially. Some of the steps that employers should take to prevent harassment and discrimination are:

  • Having comprehensive anti-discrimination policies that are committed to by all workplace stakeholders (owners, operators, managers, directors, employees and contractors)
  • Having a grievance resolution procedure that is clear and concise
  • Providing information to your employee of where they can go to get assistance outside of your workplace
  • Training all employees on what is discrimination and harassment, and what behaviors are prohibited
  • Ensuring all managers are trained on how to appropriately investigate and handle complaints
  • Making discrimination and harassment a feature of discussion at staff meetings
  • Displaying posters and notices that clearly state that harassment and discrimination will not be tolerated

Assessment Tool: Discrimination in Employment

So you think you have a discrimination claim against your employer? Hold that thought. Your answers to the following questions might indicate otherwise.

  1. Have you suffered an adverse employment-related action such as a refusal to hire, verbal or written infraction, refusal to promote, demotion, denial of benefits, suspension or dismissal?
  2. Do you have evidence that the adverse employment-related action which you have suffered was taken by the employer because of the protected class (your race, sex, religion, national origin, age, disability, veteran or active military status) to which you belong?
  3. If the employer has provided reasons for the adverse employment-related action, do you have evidence that those reasons are false?