EEOC Says Discrimination Charges Are Up - But What's It All Mean?

Among others, Jon Hyman at the Ohio Employer's Law Blog recently featured a breakdown of the latest EEOC Discrimination Claim statistics.  Claims are up, but it's hard to pinpoint one area as the primary issue needing focus.

According to this EEOC press release, discrimination charges filed with the EEOC increased by 9% in 2007. The total number of claims in 2007 represented the highest volume of incoming charges since 2002 and the largest annual increase since the early 1990s.

Race was the most frequently filed claim, with retaliation a close second and having the greatest percentage increase.  Here's the scoreboard with the stats:

Basis of Charge Filing	2007	2006	Percentage Increase/Historical Comparison
RACE	30,510	27,238	Up 12% to highest level since 1994
RETALIATION	26,663	22,555	Up 18% to record high level, double since 1992
SEX/GENDER	24,826	23,247	Up 7% to highest level since 2002
AGE	19,103	16,548	Up 15%, largest annual increase since 2002
DISABILITY	17,734	15,575	Up 14% to highest level since 1998
NATIONAL ORIGIN	9,369	8,327	Up 12%, above 9,000 for second time ever
RELIGION	2,880	2,541	Up 13% to record high level, double since 1992

When I see stat charts like this, I'm looking for one or two areas that seem to warrant more attention and focus, via training, awareness campaigns with managers, etc.  While it's never good to see claims go up, the across the board increases are likely driven in part by one imporant factor - the economy.  It slowed down in 2007, and if the first three months of the 2008 economic year are any indication, EEOC claims may be up again this year as well.

Why should you link EEOC claims to the economy?  While I don't have stats at my fingertips to back this up, most EEOC claims don't happen until someone is terminated.  Regardless of the reason for termination, all individuals protected by Title 7, and other laws enforced by the EEOC, have the right to file claims.  When the economy slows down, raw terminations go up - and more claims are filed.

In his post, Jon Hyman also points to EEOC Chair, Naomi C. Earp, explaining the number this way: "Corporate America needs to do a better job of proactively preventing discrimination and addressing complaints promptly and effectively. To ensure that equality of opportunity becomes a reality in the 21st century workplace, employers need to place a premium on fostering inclusive and discrimination-free work environments for all individuals."

Jon hit the nail on the head when he presented the following analysis: "Ms. Earp's statement would be more telling if the EEOC also released data on the percentage of charges on which the EEOC found probable cause as compared to how many were dismissed. This increase is much more likely the result of the economic downtown and more job losses, instead of companies avoiding their EEO responsibilities."

That statement is on the money.

Comments

[Frank Giancola]

If the economy is the biggest factor in discrimination activity, why has the total number of charges gone down from 1997 (80,680),when the economy and job market were hot, to 2006 (75,768), when it was much less robust?

http://www.eeoc.gov/stats/charges.html