Category: EEOC

2018 EEO-1

Delayed Filing for 2018 EEO-1

The U.S. Equal Employment Opportunity Commission (EEOC) has postponed the filing period for 2018 EEO-1 surveys. Employers usually must file these annual reports by March 31st. However, this year’s deadline will be May 31, 2019, as a result of the recent federal government shutdown.

Who Must File a 2018 EEO-1?

Private employers with 100+ employees must annually report employee data on race, ethnicity, and gender by occupational category.

Many federal contractors with less than 100 but more than 50 employees also must file these EEO-1 reports.

EEO-1 Data

The EEO-1 survey requires covered employers to identify the number of employees they have in various job categories based on several demographic groups.

The EEO-1 job categories are:

  • Executive/Senior Level Officials and Managers
  • First/Mid-Level Officials and Managers
  • Professionals
  • Technicians
  • Sales Workers
  • Administrative Support Workers
  • Craft Workers
  • Operatives
  • Laborers and Helpers
  • Service Workers

Within these job categories, employers must provide the number of employees based on sex and race/ethnicity from among these options:

  • Hispanic or Latino
  • White
  • Black or African American
  • Native Hawaiian or Pacific Islander
  • Asian
  • Native American or Alaska Native
  • Two or more races

Employers must attempt to allow employees to self-identify among these groups. If an employee declines to do so, then the employer can rely on existing employment records or observer (e.g., manager) identification to complete the survey.

The EEO-1 is a snapshot report as of a single pay period in October, November, or December. Thus, it does not necessarily reflect all individuals who worked for the company during the survey year.

Why the Delay?

The EEOC has not finalized details and instructions for the 2018 EEO-1 reports. It expects to open filing for employers in early March 2019.

For updates on the 2018 EEO-1, visit the EEOC’s website.

Not Unprecedented

EEO-1 filing was also delayed last year.

Toward the end of the Obama administration, the EEOC planned to modify the EEO-1 report to include wage and hours data beginning with reports of 2017 data. The Trump administration, however, rejected that expansion.

Though it’s not clear whether that situation alone prompted the move, the EEOC postponed the filing deadline to June 1, 2018, for 2017 data. So, barring a further postponement this year, employers have one fewer day (albeit a Saturday) to submit the 2018 EEO-1 surveys.

What Should You Do Now?

If you’re not already sure, check to determine whether your company must file a 2018 EEO-1. If you will be filing for the first time, make sure you know what data to use. You might also need to obtain employee self-identification of ethnicity. Then check back with the EEOC in early March to confirm the procedure for filing this year.

 

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EEOC Outreach

EEOC Outreach and Enforcement in FY 2018

On November 9, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) reported on the agency’s activities over the past year. The EEOC oversees most federal employment discrimination laws. This broader release on EEOC outreach and enforcement follows earlier reports addressing only sexual harassment. The EEOC’s fiscal year ended September 30, 2018.

EEOC Outreach Initiatives

EEOC outreach programs reached approximately 398,650 people in FY 2018. These efforts serve to provide information about employment discrimination and worker rights.

“Many people in thousands of workplaces around the country depend every day on the work of the EEOC. I am proud to say that the EEOC met the increased demand for our expertise, for information and training, and for strong enforcement to combat all forms of discrimination, including sexual harassment,” said Victoria A. Lipnic, Acting Chair.

On the subject of workplace harassment, the EEOC conducted over 300 “Respectful Workplaces” training sessions. More than 9,800 employees and supervisors participated in these trainings.

These initiatives may have contributed to increased administrative charges against employers last year. For example, the EEOC previously reported a 13.6% increase in work-related sexual harassment charges in FY 2018.

During this fiscal year, the EEOC received more than 554,000 calls and emails. This includes over 200,000 inquiries regarding possible discrimination claims. This represents a 30% increase in such inquiries, which led to 40,000 intake interviews.

EEOC Enforcement Efforts

The EEOC reports that overall for 2018 it resolved 90,558 charges and obtained $505 million for employees claiming discrimination. The majority of these funds ($354 million) came as a result of mediation, conciliation, and settlements. Only $53.5 million resulted from litigation. (The remaining $98.6 million came through special hearing and appeals procedures for federal government employees.)

Although very few EEOC charges result in litigation, the agency filed 199 lawsuits alleging employment discrimination in FY 2018.

Looking ahead, the EEOC will release its 2018 Performance and Accountability Report on November 15, 2018. It will also publish its comprehensive enforcement statistics for FY 2018 early next year.

For more on the EEOC’s FY 2018 sexual harassment statistics, click here.

For information on FY 2017 EEOC statistics, click here.

Message to Employers

The EEOC has a prominent role in enforcing several federal anti-discrimination laws. These include Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, and the Genetic Information Non-Discrimination Act.

These laws collectively prohibit discrimination in the workplace based on race, color, sex, national origin, religion, disability, age, and genetic information. Despite the EEOC’s recent emphasis on sexual harassment cases, it is not ignoring the other categories.

Employers should always remain vigilant to prevent and redress all forms of employment discrimination, including harassment and other tangible employment actions. As a first step, every business should have a comprehensive anti-harassment policy and effective complaint procedures. These measures can help prevent legal liability.

EEOC outreach on employment discrimination will continue in the next fiscal year and beyond. Thus, the FY 2018 statistics are only a reminder that the anti-discrimination laws remain in effect. They are not the end of the story.

 

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Sexual Harassment Statistics

EEOC Releases 2018 Sexual Harassment Statistics

On October 4, 2018, the U.S. Equal Employment Opportunity Commission released its preliminary fiscal year 2018 sexual harassment statistics. The agency’s announcement reinforces its strong stance against all forms of workplace harassment in response to the #MeToo movement.

EEOC charges alleging sexual harassment increased by more than 12% from fiscal year 2017. EEOC sexual harassment lawsuits also increased by more than 50%.

2017 Sexual Harassment Statistics

Based on final sexual harassment statistics for fiscal year 2017, the number of charges alleging sexual harassment had declined compared to the year before.

In FY 2017, the EEOC received 6,696 charges alleging sexual harassment. It obtained $46.3 million on behalf of sexual harassment victims.

Click here for more on FY 2017 EEOC data.

FY 2018

The 12% increase this year indicates that employees filed approximately 7,500 sexual harassment charges in FY 2018. That would represent the highest level since 2012.

During the fiscal year ending September 2018, the EEOC filed 66 harassment lawsuits. 41 of those included allegations of sexual harassment. These lawsuits involve a wide variety of employers, including those in the healthcare, transportation, manufacturing, and customer service industries.

Between litigation and administrative enforcement, the EEOC recovered nearly $70 million for employees alleging sexual harassment.

[Update: The EEOC has finalized these statistics. Click here to find out what changed.]

Respectful Workplaces

In its October 4, 2018 press release, the EEOC also discussed the “Respectful Workplaces” training program that it launched last year. This program “teaches skills for employees and supervisors to promote and contribute to respect in the workplace.”

Over 9,000 workers in both the public and private sectors participated in the training during the 2018 fiscal year. Another 13,000 employees participated in EEOC anti-harassment compliance training.

Ongoing Efforts

The EEOC stressed that it would continue to fight actively against all forms of harassment in the workplace.

“We have been traveling the country, spreading the word about what the EEOC is doing and the resources we have to offer,” said Commissioner Chai R. Feldblum, Co-Chair of the Select Task Force on the Study of Harassment in the Workplace.

“I am so proud of the EEOC staff who stepped up to the heightened demand of the #MeToo movement to make clear that workplace harassment is not only unlawful, it is simply not acceptable,” added Acting Chair Victoria A. Lipnic. “As the agency with expertise, as the enforcer of the law, and as an educator, the EEOC has continued to lead the way to achieve the goal of reducing the level of harassment and to promote harassment-free workplaces.”

Employers Should Take Note

These sexual harassment statistics demonstrate that employers must take this issue seriously to avoid liability.

It is not just the number of complaints that is going up. Overall, for charges alleging harassment, reasonable cause findings increased from 970 in FY 2017 to nearly 1,200 in FY 2018.

To help avoid joining these statistics, employers should both implement and effectively administer anti-harassment policies and procedures. Best practices include periodically training all employees about what constitutes workplace harassment and how to prevent and remedy it.