Perhaps it is a logical connection that as our economic conditions have worsened over the past year, more charges of discrimination and harassment have increased.  The Equal Employment Opportunity Commission (EEOC) recently released its charge statistics for fiscal year 2009, and saw the second highest level of workplace discrimination complaints ever filed at 93,277.  This number is up 12.7% from 2007 and is just slightly lower than the record amount of 95,402 filed in 2008.

Is this increase in charges filed by employees simply due to hardship and disheartened morale?  In truth, there are a number of reasons why discrimination and harassment charges with the Equal Employment Opportunity Commission (EEOC) are at a record high.  As discussed in the Enforcement and Litigation Statistics for 2009, the EEOC commented that "the near-historic level of total discrimination charge filings may be due to multiple factors, including greater accessibility of the EEOC to the public, economic conditions, increased diversity and demographic shifts in the labor force, employees' greater awareness of their rights under the law, and changes to the agency's intake practices that cut down on the steps needed for an individual to file a charge." 

The Details of Charges Filed

On closer examination of the 2009 workplace discrimination charges filed with the EEOC, race and sex discrimination continued to be the most frequently filed.   The data showed that the private sector bias charges alleging discrimination based on disability, religion and/or national origin hit record highs.  Further, charges alleging age-based discrimination reached the second highest level ever, likely a result of companies faced with reductions in force.  And, according to the EEOC’s predictions, the future is likely to see a continuation of record level charges, perhaps reaching a record high of approximately 102,000 for the fiscal year 2010.

From an enforcement perspective, the EEOC has never been more active. For example:

  • More charges alleging unlawful harassment were resolved in 2009 than ever before
  • Resolution of charges alleging Title VII violations were similarly at historic levels
  • A record high of $294 million was recovered through administrative enforcement and mediation
  • The total amount recovered through all enforcement measures, including EEOC litigation – $376 million – has never been higher.

EEOC Enforcement

Coupled with the increased number of charges will be an emphasis on enforcement.  The Obama administration increased funding for fiscal year 2009 to $344 million.  Funding of $367 million is proposed for fiscal year 2010.  This increased funding is allowing the EEOC to hire additional investigators, attorneys, mediators and support staff.

In concert with this federal funding, is the message made clear in a recent statement from Acting EEOC Chairman Stuart Ishimaru: “The latest data tells us that, as the first decade of the 21st century comes to a close, the Commission’s work is far from finished....Employers must step up their efforts to foster discrimination-free and inclusive workplaces, or risk enforcement and litigation by the EEOC”.

Significance

The statistics published by the EEOC should be viewed as an indication of the increased willingness and ease of terminated or disgruntled employees to file charges of discrimination in numbers never seen before in the history of the agency.  Consequently employers would be well served to take proactive steps to ensure that their written policies, procedures, and practices are in compliance with all regulations.  Equally important is an employers’ awareness of employee morale and concerns, and a commitment to prevention of perceived discrimination. 

As an HR Consulting firm, SharedHR can assist with any investigations of discrimination or harassment and assist with policy and procedure development and review, ensuring compliance with all state and federal statutes.