EEOC Releases Performance and Accountability Report for 2010 Fiscal Year Announcing Record Number of Discrimination Charges
*By Stefanie L. Baker

In the fiscal year ending September 30, 2010, the Equal Employment Opportunity Commission (EEOC) received a record 99,922 private sector discrimination charges.  Despite the record increase, the EEOC managed to keep its charge backlog at 86,338 pending charges. EEOC Chair Jacqueline Berrien attributes keeping its charge backlog down to increased training and 198 new hires in 2010. The new hires included 66 investigators and 8 mediators. These new staff members are expected to help process an additional 6,000 charges a year.

The EEOC reports that during the 2010 fiscal year, discrimination charges reached their highest level in the EEOC’s 45-year history. The previous record for number of discrimination charges in one fiscal year was 95, 402 charges filed during 2008. Despite the increase in charges received, the EEOC resolved a total of 104,999 charges in 2010.

During 2010, the EEOC recovered $319 million in monetary relief for private sector discrimination claimants. Of the $319 million, $142 million came from mediation resolutions. The EEOC participated in 9,370 mediations in 2010, indicating mediation is a favored track in resolving discrimination charges. The record number of 2010 mediations indicates a 10% increase from 2009 mediations.

The EEOC resolved 285 lawsuits in 2010, recovering $85 million dollars for discrimination claimants. Of these resolutions, 197 contained Title VII claims, 60 contained Americans with Disabilities Act claims, and 38 contained Age Discrimination in Employment claims. From these lawsuits the EEOC recovered:

• $73.9 million in Title VII claims;
• $5.2 million in ADA claims;
• $2.8 million in ADEA claims; and
• $2.9 million in claims involving more than one statute.

EEOC field units filed 250 new merit lawsuits in 2010.  The majority of new lawsuits focus on Title VII claims. Of the 250 new lawsuits, 192 contained Title VII claims, 40 contained Americans with Disabilities Act claims, 28 contained Age Discrimination in Employment claims, and 2 contained Equal Pay Act claims.

The EEOC’s report indicates an increase and focus on its systemic initiative, which includes cases commonly known as “pattern or practice” cases. The agency has hired experts in statistics, industrial psychology, and labor market economics to work with district EEOC offices on large cases. The EEOC focuses on these complex cases because it allows the agency to examine employer practices that impact a large number of individuals. During the 2010 fiscal year, the agency conducted 465 systemic investigations. The EEOC expects the quantity of systemic lawsuits to steadily increase.

*Stefanie L. Baker has experience in all aspects of workplace law, including EEOC litigation and investigation trends. For more information about employment law, please contact Stefanie at 216.696.4441 or slb@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.
© Copyright 2010 – All Rights Reserved Zashin & Rich Co., L.P.A.