EEOC Releases FY 2013 Enforcement And Litigation Data: Employers Take Heed

by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Contact

The U.S. Equal Employment Opportunity Commission (EEOC) just released its fiscal year (FY) 2013 enforcement and litigation statistical report. Presented annually, the report is always a treasure trove of information for employers and employment attorneys, and this year’s is no exception. Among the FY 2013 highlights are the following statistics:

  • The EEOC received 93,727 charges in FY 2013—a 5 percent reduction from FY 2012.
  • For the fifth year in a row, retaliation-based charges were the most common (appearing in 41.1 percent of charges)—a 3 percent increase over FY 2012. Race discrimination, sex discrimination, and disability discrimination charges rounded out the top 4 in terms of prevalence, although sex discrimination charges decreased by over 2,600 charges.
  • The overall percentage of “reasonable cause” findings (an initial finding in favor of the employee) dipped slightly in FY 2013 (from 3.8 percent to 3.6 percent). Charges brought under the Genetic Information Non-Discrimination Act (GINA) (8.8 percent) and sexual harassment charges (7.6 percent) proved the most likely to result in a cause finding, while race-based charges (2.8 percent) and charges brought under the Age Discrimination in Employment Act  (ADEA) (2.4 percent) were the least likely to result in a cause finding.
  • On a state-by-state basis, Texas employers continued to face more EEOC charges than all others with 9,068 charges, which accounted for 9.7 percent of all charges filed in the nation. Employers in Florida, with 7,597 charges, California, with 6,892 charges, and Georgia, with 5,162 charges, rounded out the top four for the second year in a row. On the other end of the spectrum, 11 states had fewer than 100 charges filed in FY 2013:
  • Montana (18)
  • Vermont (31)
  • Maine (34)
  • New Hampshire (52)
  • Rhode Island (62)
  • South Dakota (62)
  • Wyoming (65)
  • North Dakota (71)
  • Nebraska (77)
  • Idaho (77)
  • Alaska (98)
  • Despite the decline in total charges filed, claimants recovered a record $372 million through the EEOC administrative process—an increase of $6.7 million from FY 2012.
  • The EEOC filed 131 merits lawsuits, with the vast majority asserting claims under Title VII of the Civil Rights Act of 1964 (78 suits) and the Americans with Disabilities Act (ADA) (51 suits). The EEOC also filed its first three suits asserting GINA claims in FY2013.
  • The EEOC only resolved 222 lawsuits, receiving $38.6 million in monetary benefits. Those numbers are the lowest they have been in over 15 years. The EEOC attributes these decreases to sequestrations, which affected its budget and staffing.

Prudent employers will use the EEOC’s FY 2013 data to take proactive steps to reduce the number of charges going forward. Short of moving shop from Texas to Montana, at a minimum, employers should provide sufficient training on retaliation as the prevalence of those charges continues to increase. Periodic, comprehensive sexual harassment training remains a must, particularly as those charges continue to be among the most difficult to dismiss. Employers in states with greater EEOC activity may want to proceed with more caution.

Employers should also compare their own statistics to the EEOC’s data, both on a regional and national basis. Employers that find that their results are dramatically different in one or more locales, or for one or more charge types, might want to try enhanced training or targeted personnel actions to remedy the problem.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ogletree, Deakins, Nash, Smoak & Stewart, P.C. | Attorney Advertising

Written by:

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Contact
more
less

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!