On November 15, 2011, the EEOC released its annual Performance and Accountability Report, revealing that the agency received 99,947 charges of employment discrimination in fiscal year 2011, which is the highest number of charges filed in one year since the EEOC was established in 1965. That is approximately 274 charges per day. According to the Report, the EEOC ended its fiscal year with 78,136 pending charges, which is a decrease of 8,202 charges from the prior fiscal year.
The EEOC also obtained more than $364.6 million in monetary benefits for charging parties through administrative enforcement. This is the highest level of monetary relief obtained in the EEOC's 46-year history.
In a written statement coinciding with the release of the Report, Jacqueline A. Berrien, chair of the EEOC, said “I am proud of the work of our employees and believe this demonstrates what can be achieved when we are given resources to enforce the nation’s laws prohibiting employment discrimination.” She also said that “[t]he EEOC was able to take full advantage of increased resources in the past two fiscal years to make significant progress towards effective enforcement of the nation’s civil rights laws.”
As long as the economy continues to struggle and unemployment rates remain high, employers can anticipate that the number of EEOC charges will remain at historic levels.
Showing posts with label EEOC. Show all posts
Showing posts with label EEOC. Show all posts
Monday, November 28, 2011
Tuesday, January 4, 2011
EEOC Recess Appointments Confirmed by Senate
Just before Christmas, the Senate confirmed President Obama's three recess appointments to the Equal Employment Opportunity Commission: Jacqueline A. Berrien, Chai R. Feldblum and Victoria A. Lipnic. Without the confirmation, Lipnic's recess appointment would have retired, leaving only 3 commissioners plus the chair.
Lack of confirmation could have resulted in more of a shift in the EEOC's ideology than has already occurred with a Democratic majority on the Commission. Lipnic and Constance Barker are the two Republican commissioners. Stuart Ishimaru, a Democrat, rounds out the panel.
Now that we know who's going to be leading the EEOC's agenda for a while, let's take a look at the background of those on the Commission:
Jacqueline Berrien (Chair, Democrat): Berrien came to the EEOC from the NAACP Legal Defense and Educational Fund, where she had worked for the last 5 1/2 years. Her previous employment roles, including some time at the American Civil Liberties Union, allowed her to represent voters on issues of representation and voting rights, and for women's rights.
Stuart J. Ishimaru (Commissioner): Ishimaru started his service on the Commission under George W. Bush in 2003 as a Democratic appointment. Ishimaru was acting Chair during the last few years when the EEOC saw its budget increased significantly in order to ramp up its enforcement efforts and staffing. The drive to investigate and litigate systemic discrimination cases began under Ishimaru's tenure as acting Chair. He testified before Congress in support of the Employment Nondiscrimination Act (which, if passed, would have prohibited discrimination on the basis of gender identity and sexual orientation).
Constance S. Barker (Commissioner): Barker was nominated by President George W. Bush and confirmed by the Senate in 2008. Prior to joining the Commission, she worked for a private firm in Alabama defending businesses in cases of harassment and discrimination. She also worked as an assistant district attorney and has spent her time on the Commission focusing on issues involving worksite rape and sexual assault.
Chai Feldblum (Commissioner): Feldblum has previous legislative experience in playing major roles in the drafting of the Americans With Disabilities Act of 1990 and the Amendments which were passed in 2008. She worked for the American Civil Liberties Union as legislative counsel for its AIDS project and played a significant role in drafting the Employment Nondiscrimination Act. Feldblum has been perhaps the most controversial of President Obama's appointments given her particularly strong views on advancing the rights of gays, lesbians and transsexuals.
Victoria A. Lipnic (Commissioner): Lipnic came to the EEOC from private practice with a Washington, D.C. law firm. She previously worked in government, having oversight responsibilities for the Wage and Hour Division of the U.S. Department of Labor when it overhauled its overtime and exemption standards, as well as playing a role in the issuance of revised Family and Medical Leave Act regulations.
Lack of confirmation could have resulted in more of a shift in the EEOC's ideology than has already occurred with a Democratic majority on the Commission. Lipnic and Constance Barker are the two Republican commissioners. Stuart Ishimaru, a Democrat, rounds out the panel.
Now that we know who's going to be leading the EEOC's agenda for a while, let's take a look at the background of those on the Commission:
Jacqueline Berrien (Chair, Democrat): Berrien came to the EEOC from the NAACP Legal Defense and Educational Fund, where she had worked for the last 5 1/2 years. Her previous employment roles, including some time at the American Civil Liberties Union, allowed her to represent voters on issues of representation and voting rights, and for women's rights.
Stuart J. Ishimaru (Commissioner): Ishimaru started his service on the Commission under George W. Bush in 2003 as a Democratic appointment. Ishimaru was acting Chair during the last few years when the EEOC saw its budget increased significantly in order to ramp up its enforcement efforts and staffing. The drive to investigate and litigate systemic discrimination cases began under Ishimaru's tenure as acting Chair. He testified before Congress in support of the Employment Nondiscrimination Act (which, if passed, would have prohibited discrimination on the basis of gender identity and sexual orientation).
Constance S. Barker (Commissioner): Barker was nominated by President George W. Bush and confirmed by the Senate in 2008. Prior to joining the Commission, she worked for a private firm in Alabama defending businesses in cases of harassment and discrimination. She also worked as an assistant district attorney and has spent her time on the Commission focusing on issues involving worksite rape and sexual assault.
Chai Feldblum (Commissioner): Feldblum has previous legislative experience in playing major roles in the drafting of the Americans With Disabilities Act of 1990 and the Amendments which were passed in 2008. She worked for the American Civil Liberties Union as legislative counsel for its AIDS project and played a significant role in drafting the Employment Nondiscrimination Act. Feldblum has been perhaps the most controversial of President Obama's appointments given her particularly strong views on advancing the rights of gays, lesbians and transsexuals.
Victoria A. Lipnic (Commissioner): Lipnic came to the EEOC from private practice with a Washington, D.C. law firm. She previously worked in government, having oversight responsibilities for the Wage and Hour Division of the U.S. Department of Labor when it overhauled its overtime and exemption standards, as well as playing a role in the issuance of revised Family and Medical Leave Act regulations.
Thursday, September 23, 2010
Earning its keep?
The EEOC has been busy, busy, busy! Three suits filed this month just on the Americans With Disabilities Act (as amended): http://www.eeoc.gov/eeoc/newsroom/release/9-9-10a.cfm?goback=%2Egde_147609_member_29930620
Wednesday, August 18, 2010
Neither "A" in "ADA" means "assume"
So, that whole discussion by the EEOC on the importance of interacting with your employees who request or might need a disability before taking action?
Or the post from 2008 on the changing mindset for employers thanks to the amendments to the Americans with Disabilities Act?
We were serious. And so is the EEOC, who filed suit on behalf of an employee who was offered a job, showed up for the first day of work, and had the employment offer rescinded once a member of management noticed the employee was missing some fingers.
Or the post from 2008 on the changing mindset for employers thanks to the amendments to the Americans with Disabilities Act?
We were serious. And so is the EEOC, who filed suit on behalf of an employee who was offered a job, showed up for the first day of work, and had the employment offer rescinded once a member of management noticed the employee was missing some fingers.
Friday, July 2, 2010
Just the EEOC?
It’s easy to underestimate the importance of responding to a charge of discrimination filed with an administrative agency like the EEOC. After all, the EEOC doesn’t have the authority to award damages or assess fines against employers. To get any money from the employer, the employee or former employee will have to file a lawsuit, and the employer can just defend the lawsuit when and if it comes. Right? It’s true that the EEOC doesn’t have the authority to award damages or assess fines. But the employer’s response to an EEOC charge is the foundation for the later defense of the lawsuit. What is said, or not said, in response to a charge filed with the EEOC can have a significant impact on the outcome of a lawsuit. A recent decision from the Court of Appeals re-emphasizes this point.
In Jones v. National American University, 8th Cir., No. 09-3007, 6/23/10, the court affirmed a jury verdict in favor of an employee’s age discrimination claim. In that case, the reasons the employer gave for the employee’s termination in response to the EEOC charge were different from the reasons proffered by the employer at trial. The Court held that the different reasons given by the employer at different times was evidence that the employer’s reasons were a mere pretext for age discrimination.
Although this principle does not represent a sea change in the law, it comes on the heels of the EEOC’s announcement that it is hiring more investigators and intends to be more aggressive than it has been in the past 10 years. According to Jacqueline Berrien, the EEOC chair, the EEOC has been bolstered by substantial budget increases in fiscal years 2009 and 2010, and is hiring additional staff, including frontline investigators and lawyers.
In this environment, when employers are more likely to encounter aggressive enforcement from administrative agencies, it is vital to remember the importance of responding appropriately to administrative charges of discrimination as the foundation for the employer’s defense to discrimination claims.
In Jones v. National American University, 8th Cir., No. 09-3007, 6/23/10, the court affirmed a jury verdict in favor of an employee’s age discrimination claim. In that case, the reasons the employer gave for the employee’s termination in response to the EEOC charge were different from the reasons proffered by the employer at trial. The Court held that the different reasons given by the employer at different times was evidence that the employer’s reasons were a mere pretext for age discrimination.
Although this principle does not represent a sea change in the law, it comes on the heels of the EEOC’s announcement that it is hiring more investigators and intends to be more aggressive than it has been in the past 10 years. According to Jacqueline Berrien, the EEOC chair, the EEOC has been bolstered by substantial budget increases in fiscal years 2009 and 2010, and is hiring additional staff, including frontline investigators and lawyers.
In this environment, when employers are more likely to encounter aggressive enforcement from administrative agencies, it is vital to remember the importance of responding appropriately to administrative charges of discrimination as the foundation for the employer’s defense to discrimination claims.
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