Tag: complaints

January 30, 2018

EEOC Discrimination Charges in 2017

On January 25, 2018, the U.S. Equal Employment Opportunity Commission released its Fiscal Year 2017 Enforcement and Litigation Data. The agency reports that it resolved 99,109 EEOC discrimination charges in the year ending September 30, 2017. The EEOC had a remaining charge workload of 61,621, the lowest year-end level in 10 years.

Among other raw statistics of note, the EEOC received over 540,000 calls and 155,000+ inquiries in its field offices.

The EEOC recovered nearly $400 million on behalf of victims of alleged discrimination.

Bases of EEOC Discrimination Charges

In FY 2017, retaliation was the most common grounds for EEOC discrimination charges. Nearly 50% of all charges included an allegation of retaliation (48.8%).

Three protected characteristics each appeared in nearly one-third of all FY 2017 EEOC discrimination charges: race (33.9%), disability (31.9%), and sex (30.4%). Age discrimination was the next most prevalent allegation, appearing in 21.8% of charges.

Five other categories protected by laws that the EEOC enforces each appeared in less than 10% of the charges:

National Origin – 9.8%
Religion – 4.1%
Color – 3.8%
Equal Pay Act – 1.2%
Genetic Information – 0.2%

Sexual Harassment Charges

Sexual harassment is only one subset of the 25,605 sex discrimination charges that the EEOC received in FY 2017. Most cases were claims of disparate treatment (favoring one sex over the other), such as regarding employment, promotion, or compensation.

The EEOC received 6,696 charges alleging sexual harassment. It obtained $46.3 million on behalf of sexual harassment victims.

Perhaps surprising given recent media attention, the number of charges alleging sexual harassment declined in FY 2017. They have steadily gone down over the past decade. But the Harvey Weinstein report (followed by others) did not break until the end of the last EEOC fiscal year. So, it will be interested to revisit this statistic next year.

Other Trends in EEOC Discrimination Charges

The EEOC received fewer charges in FY 2017 (84,254) than it had in any year since FY 2007 (82,792). Last year’s total was down 7.9% from FY 2016.

The number of charges alleging discrimination based on race, sex, national origin, religion, age, and genetic information all reached the lowest levels in at least 5, and in several cases 10+, years.

On the other hand, EEOC charges alleging discrimination based on color reached a 20-year high. Retaliation claims reached their highest proportion of total claims during that same period, continuing a steady upward trend. Disability claims also continued to increase as a percentage of total EEOC discrimination charges.

Geographic Origin of EEOC Cases

Employees of all states may file discrimination charges with the EEOC. In many states, employees also have the option of filing with a state agency that investigates claims under state employment discrimination laws. The varying procedures and substantive grounds for claims under respective state laws may affect the frequency of EEOC cases in a state. The EEOC’s reported statistics do not include charges filed with state or local Fair Employment Practices Agencies.

In FY 2017, 10.5% of all EEOC discrimination charges were filed in Texas. Florida had the second most charges at 8.1%. California was third with 6.4% of charges. These are the also the three most populous states (though California has by far the most residents).

Despite being the fourth largest state by population, New York only accounted for the 8th most EEOC discrimination charges (4.4%). In part, this may be because many employees pursue their claims under the New York State or New York City Human Rights Laws instead of federal law.

EEOC Litigation

Though it has litigation authority, the EEOC does not go to court over many of the charges it receives. The agency filed 184 discrimination lawsuits in FY 2017. This included 124 cases alleging discrimination against an individual, 30 cases involving multiple victims or discriminatory policies, and 30 systemic discrimination cases. The EEOC reports a “successful outcome” in 90.8% of its resolved cases. The agency ended the year with 242 active court cases.

How to Avoid or Prepare for EEOC Discrimination Charges

Employers who learn of possible discrimination, including harassment, must act promptly. This usually involves investigating the circumstances and taking remedial action where warranted.

Click here to download my free Guide to Investigating Workplace Harassment Complaints.

November 20, 2017

Top 7 Tips for Investigating Workplace Harassment Complaints (Webinar)

On November 16, 2017, I presented a complimentary webinar on Investigating Workplace Harassment Complaints. For those who weren’t able to attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss my Top 7 Tips for Investigating Workplace Harassment Complaints:

Be Prompt and Thorough
Maintain Appropriate Confidentiality
Get Buy-in from the Complainant
Put It in Writing
Involve Your Attorney
Reach Conclusions, but Not Too Early
Avoid Retaliation

Click below to access the supplemental materials for this webinar:

Why You Should Watch This Webinar

Reports of sexual harassment have flooded all media channels recently. This accounts highlight the need for business organizations to be proactive in avoiding workplace harassment in the first place. But that isn’t always possible. When harassment allegations do come to light, employers must respond appropriately to prevent escalation, which can have devastating negative consequences.

Organizations must investigate every allegation of harassment, even when the victim prefers to keep the matter confidential. Harassment is wrong and detrimental to productivity in the first place. But, once management knows of inappropriate conduct, failure to promptly investigate and take appropriate corrective action can also result in significant legal liability.

This webinar gives some important tips on how to investigate harassment complaints without making things worse. It includes practical advice and potential pitfalls for human resources professionals and management.

October 10, 2017

What Makes Workplace Harassment Unlawful?

Click for your FREE copy of this valuable reference guide!

Most employers do or should have zero tolerance policies regarding workplace harassment. These policies don’t exist just for legal reasons. Harassment is bad in itself, plus it interferes with productivity. But not all harassing behavior violates employment discrimination laws.

First, let’s define harassment. Then, we’ll discuss when harassment becomes legally actionable.

[Click here to get my FREE step-by-step Guide to Investigating Workplace Harassment Complaints!]

What Is Harassment?

Under state and federal employment discrimination laws, harassment is unwelcome conduct based on a protected category.

These laws collectively protect many characteristics.

At the federal level: Title VII protects race, color, sex, religion, and national origin. The Americans with Disabilities Act protects qualified individuals with disabilities. The Age Discrimination in Employment Act protects age, for workers 40 or older. The Genetic Information Nondiscrimination Act protects genetic information, which includes a broad range of information about family medical history.

State laws often protect these same categories, plus others. Some states protect sexual orientation, marital status, familial status, etc. Michigan law even protects workers from harassment because of height and weight.

These laws also usually protect against harassment based on an individual having complained of discrimination. In other words, they prohibit retaliation.

However, one or two isolated comments, even if unwelcome, may not violate these laws.

Unlawful Workplace Harassment

Harassment becomes unlawful where:

enduring the offensive conduct becomes a condition of continued employment, or
the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

The “reasonable person” standard means that it’s not enough that the specific employee involved feels this way. If most similarly situated people would not be offended, then the conduct wouldn’t rise to the level of being unlawful. Again, that doesn’t mean it is acceptable in the workplace.

Forms of Harassment

Harassment can come in numerous forms, including:

offensive jokes,
slurs,
epithets or name calling,
physical assaults or threats,
intimidation, ridicule or mockery,
insults or put-downs,
offensive objects or pictures, and
interference with work performance.

Note that the anti-discrimination laws protect employees from workplace harassment not only by co-workers and supervisors, but also by third parties. Thus, employers must prevent and remedy inappropriate conduct by vendors, customers, visitors, contractors, etc., against their employees. If employers permit harassment by outsiders to persist to the point of unlawful harassment, then the employer may be legally responsible.

How To Avoid Unlawful Harassment?

The best way to avoid unlawful harassment is to prevent harassment altogether. This is why employers should have anti-harassment policies that go beyond just what the law prohibits. It’s not a good idea to permit behavior that even comes close to the line.

In addition to a well-written and carefully followed policy, employers should also train employees about harassment. Many employers include anti-harassment training in their on-boarding process. But it is a good idea to also provide periodic group training to all employees. Several states require private employers to do so.

Finally, employers must respond promptly to all complaints of workplace harassment. Investigating thoroughly and taking appropriate action will hopefully avoid escalation. If not, the employer’s good faith attempt to keep the workplace free of harassment may still help avoid liability.

For more, read: Responding to Employment Discrimination Complaints and download my Guide to Investigating Workplace Harassment Complaints.