Private Sector EEOC Charges Reached Record High in 2011

According to the newly-released enforcement and litigation statistics, private sector employees filed a record number of charges with the Equal Employment Opportunity Commission in 2011. A total of 99,947 charges of employment discrimination were filed with the EEOC in the 12-month period ending on September 30, 2011. During this period, the EEOC filed 261 merit-based lawsuits across the U.S., an increase of 11 lawsuits over the prior year. In addition, claimants received $455.6 million in relief through agency enforcement, mediation and litigation efforts. These findings were first brought to light in the EEOC’s Fiscal Year (FY) 2011 Performance and Accountability Report (PAR) released in November 2011. The charge statistics flesh out the types of claims that were filed during the year, giving employers some indication as to which charges of discrimination are the most frequent and/or most costly to resolve. Highlights of the 2011 data include the following:

  • Of the 99,947 total charges filed, 35,395 (35.4%) involved claims of race discrimination; 28,534 (28.5%) involved claims of sex discrimination; 25,742 (25.8%) set forth disability-related discrimination claims; 23,465 (23.5) alleged age discrimination; 11,833 (11.8%) involved allegations of national origin discrimination; 4,151 (4.2%) alleged religious discrimination; 2,832 (2.8%) set forth charges of discrimination based on color; 919 (.9%) of claims alleged pay-based discrimination; and only 245 of the charges set forth genetic discrimination claims under the Genetic Information Nondiscrimination Act (GINA), up slightly from the prior year, but representing the same percentage (.2%) of total claims filed.
  • Of these charges, 37,334 (37.4%) involved claims of employer retaliation.
  • A total of $91 million in monetary benefits was received through litigation alone in FY 2011. Title VII lawsuits generated the most in damages ($54.3) through litigation, followed by lawsuits filed under the Americans with Disabilities Act (ADA), which generated $27.1 million in monetary benefits through litigation.
  • The monetary benefits received in ADA cases increased the most from the prior year. In addition to the $27.1 million obtained as a result of litigation, ADA claimants received an additional $103.4 million as a result of agency administrative action. According to the EEOC, “back impairments were the most frequently cited impairment under the ADA, followed by other orthopedic impairments, depression, anxiety disorder and diabetes.”
  • The EEOC’s mediation program resolved 9,831 charges, and generated $170,053,021 in benefits.
  • Although they comprised a relatively small percentage (4.2%) of total claims, religious discrimination charges increased the most (9.5%) from 2010 to 2011.
  • While most claims increased from 2010 to 2011, the total number of claims alleging race and national origin discrimination under Title VII and violations of the Equal Pay Act (EPA) fell slightly.
  • The EEOC resolved a total of 112,499 charges in 2011. A finding of “no reasonable cause” was made in 74,198 (66%) of these cases. A reasonable cause finding was made in 4,325 instances (3.8%). Among other means of resolving the charges, the EEOC dispensed with 10,234 charges via settlement, and 20,248 through merit resolutions.
  • Of the 300 lawsuits filed in FY 2011, 261 were merit suits, which include direct suits and interventions alleging violations of the substantive provisions of the statutes enforced by the EEOC and suits to enforce administrative settlements.
     

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Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.