The US Equal Employment Opportunity Commission (EEOC) received 67,338 charges of workplace discrimination in fiscal year (FY) 2020. The EEOC secured $439.2 million for victims of discrimination in the private, state, and local government workplaces through voluntary resolutions and litigation.
The EEOC resolved 70,804 charges in FY 2020 and increased its merit factor resolution rate to 17.4% from 15.6% the prior year. Merit resolutions refer to charges that are resolved in the EEOC’s administrative process (pre-litigation) in favor of the individual who filed the charge.
The EEOC responded to over 470,000 calls to its toll-free number and more than 187,000 inquiries in field offices, including 122,775 inquiries through the online intake and appointment scheduling system. The EEOC also reduced its inventory of pending charges by 3.7%.
Retaliation remains the most frequently cited claim in charges filed with the EEOC, accounting for 55.8% of all charges filled. The categories of discrimination and the frequency of charges for FY 2020 are:
- Retaliation: 37,632 (55.8 percent of all charges filed)
- Disability: 24,324 (36.1 percent)
- Race: 22,064 (32.7 percent)
- Sex: 21,398 (31.7 percent)
- Age: 14,183 (21.0 percent)
- National Origin: 6,377 (9.5 percent)
- Color: 3,562 (5.3 percent)
- Religion: 2,404 (3.6 percent)
- Equal Pay Act: 980 (1.5 percent)
- Genetic Information: 440 (0.7 percent)
The percentages add up to greater than 100% because some charges allege multiple bases.
The EEOC legal staff resolved 165 merits lawsuits and filed 93 lawsuits alleging discrimination in FY 2020. The EEOC recovered just over $106 million for charging parties and other aggrieved individuals through litigation, representing the largest recovery through the EEOC’s litigation program in the past 16 years. The EEOC achieved a successful outcome in 95.8 percent of all district court resolutions.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. Further information can be accessed here.
Compliance Perspective
Issue
Workplace discrimination can be defined as treating a person unequally based on his or her race, gender, ethnicity, age, religion, or disability. Title VII of the Civil Rights Act of 1964 mandates that no person employed by, or seeking employment with, an entity can be discriminated against based on race, gender, ethnicity, age, religion, or disability. While federal law prohibits discrimination in the workplace, most states have enacted their own laws regarding workplace discrimination, so be sure to know your own state’s laws. It is imperative that all staff members are aware of what can be viewed as discrimination and the steps that should be taken if an employee feels that he or she has been a victim of discrimination in their workplace.
Discussion Points
- Review your policies and procedures on prevention of discrimination in the workplace. Update policies as needed.
- Train all staff on prevention of discrimination and what they should do if they suspect they have been a victim of discrimination or observe it occurring to others in the workplace. Provide education about your non-discrimination and non-retaliation policies and reporting options, including the anonymous hotline. Document that the trainings occurred and file the signed document in each employee’s education file.
- Periodically conduct audits with staff to ensure that they can define discrimination in the workplace and are aware of the steps that they should take if they have concern that they or a coworker may be a victim of discrimination. Additional information is available in the Med-Net Corporate Compliance and Ethics Manual Chapter 1, Compliance and Ethics Program.
FOR MORE INFORMATION ON THIS TOPIC view: EEOC – ITS ROLE AND REQUIREMENTS and UNDERSTANDING THE ELEMENTS OF A COMPLIANCE PROGRAM AND CODE OF CONDUCT.
