Southwest Florida Employment Law Blog : Southwest Florida Employment and Labor Lawyers & Attorneys for Discrimination Lawsuits and Civil Rights Cases in Fort Myers, Bonita Springs & Sanibel FL

Yesterday, the Equal Employment Opportunity Commission announced it received 99,412 private sector workplace discrimination charges during the 2012 fiscal year.  In its  press release , the EEOC noted that while the number of charges is down slightly from last year, it recovered $365.4 million dollars for employees, the "largest amount of monetary recovery" through its administrative process.

(Side note:  I'm not sure how that's the "largest" recovery, if EEOC recovered $404 million in 2010, but then again I'm no math major....).

For the third year in a row, retaliation claims were the most frequently filed claim (38.1%), followed by race (33.7%), sex (30.5%), and disability (26.5%).  There was a jump in sex and disability claims over last year. 

A stat I found particularly interesting is that although the EEOC reduced the pending inventory of charges by 10% from the 2011 fiscal year, it still has over 70,000 cases in queue.  So, for those of you who feel like you've been waiting for-ev-er for a determination, don't worry -- you're clearly not alone!

What does this mean for employers?  Be extra extra careful not to take any action that remotely resembles retaliation!  I know we say this every chance we get, but it's SO important, and these statistics prove it.  Remember, even if the employee does not have a valid underlying claim, he/she can have a valid retaliation claim if take adverse action after you learn of the employee's discrimination or harassment complaint. Don't be a statistic!

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Yesterday, the Equal Employment Opportunity Commission announced that a record number of private sector workplace discrimination charges were filed with the agency in its fiscal year 2010.  In its press release, the EEOC noted that 99,922 charges were filed, calling this figure an  "unprecedented level" of discrimination charges.  The statistics show the EEOC, through its combined enforcement, mediation, and litigation programs, secured more than $404 million in monetary benefits from employers. 

All major categories of charge filings increased last year.  Interestingly, but not surprisingly, retaliation charges surpassed race as the most frequently filed charge.  The EEOC also received 201 charges under the Genetic Information Nondiscrimination Act in its first year of enforcement.

In the press release, EEOC Chair Jacqueline A. Berrian stated:  "Discrimination continues to be a substantial problem for too many job seekers and workers, and we must continue to build our capacity to enforce the laws that ensure that workplaces are free of unlawful bias." 

What does this mean for employers?  Ms. Berrian's statement confirms the EEOC's commitment to step up its enforcement of anti-discrimination laws.  Employers should expect the upward trend in charge filings to continue, perhaps at an even more rapid pace.  The spike in retaliation claims should be a big warning light for employers -- you MUST take special caution when handling employees who have previously complained of discrimination, harassment, or other related workplace claims.  Even if the employee does not have a valid underlying claim, the employer can serve up a retaliation claim on a silver platter if not careful.

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