Category: Harassment

January 24, 2020

2019 Sexual Harassment Charges Down at EEOC

On January 24, 2020, the U.S. Equal Employment Opportunity Commission disclosed its 2019 sexual harassment statistics. After a significant increase in sexual harassment charges in FY 2018, the EEOC reports a 1.2% decrease last year. Despite the year-over-year drop, 2019 still had the second-highest number of sexual harassment charges since 2012.

2018 Sexual Harassment Statistics

In Fiscal Year 2018, the EEOC received a total of 7,609 charges alleging harassment of a sexual nature. That represented more than a 13% increase in sexual harassment charges versus FY 2017. It was the first time the number of sexual harassment charges filed with the EEOC had increased in more than a decade.

FY 2019 EEOC Data

For the fiscal year ending September 30, 2019, the EEOC received 7,514 sexual harassment charges. This number represents 10.3% of all charges the agency received between October 2018 and September 2019.

The full break down of cases by nature of allegation follows:

Retaliation: 39,110 (53.8% of all charges filed)
Disability: 24,238 (33.4%)
Race: 23,976 (33.0%)
Sex: 23,532 (32.4%)
Age: 15,573 (21.4%)
National Origin: 7,009 (9.6%)
Color: 3,415 (4.7%)
Religion: 2,725 (3.7%)
Equal Pay Act: 1,117 (1.5%)
Genetic Information: 209 (0.3%)

(Total exceeds 100% because some charges allege multiple bases.)

Big Picture

It’s hard to tell whether the 2019 sexual harassment data indicate that the 2018 spike was an aberration. Another increase last year would not have been surprising, but a 1% drop after a 13% increase doesn’t suggest that sexual harassment is no longer a concern in U.S. workplaces. There were still many more sexual harassment charges filed with the EEOC in FY 2019 than in the five years preceding the launch of the #MeToo movement.

EEOC Sexual Harassment Charges

Fiscal Year Data as Reported by U.S. Equal Employment Opportunity Commission

Full EEOC charge-filing statistics are available here.

State-Level Claims

Many states have their own employment discrimination statutes and state agencies who process sexual harassment complaints. Many of these state (and some local) agencies have worksharing agreements with the EEOC. Such agencies, known as Fair Employment Practices Agencies (FEPAs), typically cross-file complaints with the EEOC.

The EEOC reports annual data on total sexual harassment charges, including those filed directly with FEPAs. However, this data may not encompass all state and local sexual harassment complaints. Some cases do not get timely registered with the EEOC or may be encoded differently at the state and federal level, for example.

The EEOC reports a total of 11,283 sexual harassment charges in FY 2019, combining cases filed with the EEOC directly and those reported from FEPAs. Or only a half-of-a-percent decrease from FY 2018.

EEOC & FEPA Sexual Harassment Charges

Fiscal Year Data as Reported by U.S. Equal Employment Opportunity Commission

An Ongoing Concern

With or without these statistics, it’s clear that workplace sexual harassment remains a problem and an area of focus for regulators. Many states are reviewing their sexual harassment laws and requirements regarding initiatives like policies and training. New York, for example, dramatically relaxed the burden of proof on employees in all workplace harassment cases through 2019 legislation (after imposing mandatory annual sexual harassment training for all employees the year before). The EEOC reports a 5.3% increase in sexual harassment complaints in New York in FY 2019 (including FEPA data).

No one wants their business to become part of these statistics. However, policies and training sessions can be only part of the solution. Employers must respond promptly and thoroughly to all allegations of harassment in the workplace. This includes addressing problematic behavior that has not reached the level of a formal complaint. Waiting to see if a situation gets is destined to be a failed strategy.

November 17, 2019

NYS Clarifies New Sexual Harassment Training Notice

All New York employers must provide annual sexual harassment training to all employees in the State. The deadline for the first annual training was October 9, 2019. Just before that date, the NYS Legislature added to the requirements for this training. These include providing each employee with certain documents at each training session. Recently, the State issued further guidance on this sexual harassment training notice requirement.

New Guidance

As of August 12, 2019, employers must provide all employees with “a notice containing such employer’s sexual harassment prevention policy and the information presented at such employer’s sexual harassment prevention training program.”

The law didn’t otherwise explain what it meant by “notice”.

In online Frequently Asked Questions, the State now offers more information.

Timing

The law now requires employers to provide this information both:

at the time of hiring, and
at every annual sexual harassment prevention training.

Model “Notice”

It’s still not entirely clear whether employers have to provide something separate from the policy and training materials as a “notice”. However, the State has made a form document available as of October 2019 that appears intended to satisfy the requirement.

A copy of this “notice” document is available here.

Absent more specific guidance, employers will probably want to use this form document, modified as appropriate.

Training Materials

The new guidance explains that “training materials” include any printed materials, scripts, Q&As, outlines, handouts, PowerPoint slides, etc. used in the training.

Employers must provide copies of these documents in English. Employees whose primary language is Spanish, Chinese, Korean, Polish, Russian, Haitian-Creole, Bengali, or Italian, must also receive the documents in that language.

Digital Transmission

Especially for larger workforces, printing all of the training materials can be costly, or at least time-consuming. Fortunately, the State allows an alternative.

The law indicates that the notice and policy must be delivered in writing. However, the State acknowledges that means in print or digitally. It specifically permits email distribution. With electronic communication, the notice must link to or include the policy and training materials.

Prepare for Your Next Sexual Harassment Training

Whenever you provide sexual harassment training for New York employees, you should now give them the written notice, your sexual harassment policy, and the training materials. Keep records of the distribution. Ideally, obtain a signed acknowledgment from each employee to document their receipt.

Even if you don’t provide the full training to new hires, they must at least receive a copy of the policy and the most recent training materials. The State encourages employers to provide these materials to new employees by their first day of work and to train them as soon as possible.

For more on satisfying the New York sexual harassment training requirement, watch our recorded webinar: New York Sexual Harassment Training Update.

August 23, 2019

NY Sexual Harassment Training Update (Webinar Recap)

On August 21, 2019, I presented a complimentary webinar called “NY Sexual Harassment Training Update”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

Brand New Requirements Effective Now!
Review of Annual Training Process
Elements of Training
Meeting the October 9th Deadline
Preparing for Your Next Training

Since last year, New York employers should have known they would have to train all employees on sexual harassment prevention by October 9, 2019. Many have already done so. But a large number still have not. This webinar reminds employers of that obligation. It also highlights brand new requirements in effect now for all future training sessions.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “NY Sexual Harassment Training Update”

All New York employers must provide annual sexual harassment training to all employees. The State has created model training materials, but employers are free to create their own training programs. The training must cover certain subjects, such as definition and examples of sexual harassment and a complaint procedure.

As of August 12, 2019, employers must now provide a copy of their sexual harassment policy and information presented in the training to all employees at each training session. And, some employees must receive these materials in their primary language.

This webinar will recap the sexual harassment training requirement and fill you in on the latest developments.

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