Sign of the Times: State of Economy Sees Explosion of EEOC Claims
*By Jon M. Dileno

More than 70,000 claims were filed with the Equal Employment Opportunity Commission (EEOC) for the six months leading up to April 2010, alleging various types of discrimination. This amounts to a 60% increase in claims filed for the same period last year. The dramatic increase in claims is likely a product of the economy, where more workers are being terminated and are also finding it more difficult to find jobs, thereby becoming more likely to sue.

One of the specific areas of increased claims are those based on disability discrimination. In 2009, more than 21,000 individuals filed disability-based claims with the EEOC, amounting to a 10% increase from 2008, and a 20% increase from 2007. Congress’ recent amendments to the Americans with Disabilities Act, wherein it expanded the definition of “disability,” have undoubtedly contributed to the increase in claims based on physical or mental disabilities.

The EEOC has also seen an increase in complaints generated by employees of Muslim faith. In 2009, Muslim workers filed a record 803 claims – an increase of 20% from the previous year. Muslims make up less than two percent of the U.S. population but account for about one-quarter of the religious discrimination claims filed with the EEOC. The EEOC has recently filed several lawsuits on behalf of Muslims. Additionally, the EEOC has seen a significant increase in complaints from males alleging sexual harassment and complaints from federal employees.

Given the protracted nature of our country’s economic downturn, complaints with the EEOC are not likely to subside anytime soon. In response, Employers need to make sure their work environments are free from discrimination by maintaining adequate policies and through the training and education of their workforce. To that end, Employers should consider whether their employment policies and training practices are in need of updating and review, in light of recent trends and developments in the law.

*Jon M. Dileno has extensive experience in all aspects of public and private sector workplace law, including defending contentious claims with the EEOC. For more information, please contact Jon at 216.696.4441 or jmd@zrlaw.com.

This newsletter is not intended as a substitute for professional legal advice and its receipt does not constitute an attorney-client relationship. If you have any questions concerning any of these articles or any other employment law issues, please contact Stephen S. Zashin at 216.696.4441.
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