Employee Charges Skyrocket

Number of Employees Filing Discrimination Charges Skyrocket

Statistics recently released by the Equal Employment Opportunity Commission ("EEOC") suggest that employees are filing discrimination charges against employers in record-high nnumbers. According to the statistics published in the BNA Employment Discrimination Report, the EEOC received 82,792 private-sector discrimination charge filings in fiscal year 2007. This number represents the highest volume of charges since 2002. This means that employers are increasingly faced with the time-consuming and costly obligations of responding to such charges. Proper training of the workforce can help an employer reduce claims of discrimination and harassment and better defend itself against those claims when they do occur. It is far better to have a strong compliance training program in place than to wait for the EEOC, or other government agency, to impose such a requirement as a settlement term.

The dData published obyn the EEOC on its webWeb site indicates that allegations of discrimination based on race, retaliation, and sex were the most frequently filed charges in 2007, continuing a long-term trend. Pregnancy discrimination charges surged to a record high level of 5,587, up 14 percent from the prior fiscal year's record of 4,901. Sexual harassment filings increased for the first time since fiscal year 2000, numbering 12,510. This figure is up four percent from the prior fiscal year's total of 12,025 charges filed. Finally, a record 16 percent of sexual harassment charges were filed by men, – up from nine percent in the early 1990s.

According to the BNA Employment Discrimination Report, the EEOC says the jump in charge filings may be due to a combination of factors, including changing economic conditions and increased diversity and demographic shifts in the labor force. Until 2006, charges had been trending downward. In 2006, charges increased slightly and then spiked last year. Remarkably, the EEOC says it recovered about $345 million in monetary relief in 2007 for charging parties. About $55 million was obtained through EEOC litigation and more than $290 million was collected through administrative enforcement. That is a 26 percent% increase over the prior year.

Employers who are subject to the various federal and state discrimination statutes must continue to implement and enforce preventative strategies and policies to avoid facing unexpected and unwarranted claims of discrimination. With the current economy, causing a decrease in hiring and increase in layoffs, the upward trend of charges is likely to continue. Training, both of the general workforce and those involved in investigating and enforcing non-discrimination and anti-harassment policies, is integral to preventing charges and ensuring that you have a defense to claims that are made.

Additionally, iIt is imperative that employers stay up-to-date with any changes in the law to ensure that workplace anti-discrimination policies and procedures remain current and effective. If you would like assistance in reviewing your current policies and practices, or if you have questions, please contact any member of Ice Miller's Labor and Employment Practice Group.

More information about EEOC's fiscal year 2007 charge and enforcement data is available at the EEOC Web site.

If you would like assistance in reviewing your current policies and practices, or if you have questions, please contact any member of .

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.

*More information about EEOC's fiscal yeat 2007 charge and enforcement data is available at http://www.eeoc.gov.