Record number of bias claims filed against employers
March 19, 2009 by Jim GiulianoPosted in: Age discrimination, Complaint investigation, Employment law, In this week's e-newsletter, Latest News & Views, policies
Last year, the Equal Employment Opportunity Commission saw a record number of discrimination claims filed against employers. Why the big jump?
First, the numbers. At the end of the last fiscal year, the EEOC reported 95,402 claims — a jump of 15% over the previous year and the most in the agency’s 44-year history. The agency said it recovered $376 million in settlements and judgments against employers as it filed 290 new lawsuits and resolved 339 suits and 81,081 non-court claims.
The EEOC doesn’t analyze the “why” but speculation rests on three main factors:
Economic conditions. When money’s tight at home or people lose their jobs or see a threat of job loss, they’re more likely to file complaints. That means companies that go through layoffs have to make sure every step of the process is buttoned up and can withstand a lawyer’s scrutiny.
Demographic changes in the workplace. This one’s tied to layoffs, too. A lot of companies have already laid off many of their younger, low-seniority workers, and now the ax is starting to hitting older workers with more seniority. They have grounds to sue — age discrimination — and often do so when they get a pink slip.
A change in complaint procedures. Last year, the U.S. Supreme Court ruled workers don’t have to file a formal complaint with the EEOC before suing an employer for age discrimination. In the particular case, the court’s 7-2 ruling upheld the right of FedEx employees to file legal claims against the company, assisted by EEOC, even though the employees had never filed a formal charge with the agency.
Tags: Discrimination, eeoc, equal employment opportunity commission
March 26th, 2009 at 10:08 am
How about the fact that our field has become a politically-correct extremist’s wet dream which virtually encourages such claims with every passing month of increasing age/gender/ethnic-aware measures and initiatives?! Don’t get me wrong; I strongly support anti-harrassment in all it’s forms, but how far do we have to go before we start considering the extra-work, burdens and headaches that such an emphasis places on the very source of employment that allows such claims to be made in the first place? Isn’t it time we stop worrying about how to define the next ethnic mixture and worry more about how to sustain industry employment with strong business/employment options in our waning economy?
July 17th, 2009 at 1:27 pm
I know some claims of discrimination are based on real acts of discrimination. But I think some of the claims stem from a sense of entitlement that people seem to have now. Some people think they can do anything they want and then yell discrimination when they have to face the consequences of their actions. I’m afraid this won’t go away until the machines take over the world. LOL
October 22nd, 2009 at 9:41 am
I’ve had interviews where the employer asked me for my age. I told one of them one time what it was but then he asked me a 2nd time & I left the interview.
The other interviewer asked me how old I was & said over 21. I told him also that it was irrelevant & illegal to ask me how old I am. I didn’t get the job needless to say.