MENUMENU
  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

MENUMENU
  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

EEOC data show Title VII retaliation cases rising

Tim McElgunn
by Tim McElgunn
February 13, 2020
2 minute read
  • SHARE ON

The Equal Employment Opportunity Commission (EEOC) reported in late January that it fielded 72,675 charges of workplace discrimination in 2019, the largest number alleging retaliation. Those figures don’t include any charges filed with state or local fair employment agencies, which EEOC does not report.

The number was down slightly from 2018’s tally of more than 76,000 charges. The number of suits filed under all federal fair employment statutes also dropped, from 217 in 2018 to 157 last year.

Title VII payouts up

Of the approximately 73,000 charges filed with EEOC in 2019, more than half were complaints of retaliation. The largest number of those retaliation complaints alleged retaliation for complaints protected by Title VII.

Those cases involve employment discrimination based on an individual’s race, color, religion, sex, or national origin.

Title VII charges were followed by disability- and age-related complaints.

About 180 suits filed in 2018 or earlier were resolved in 2019. Total monetary benefits obtained through mediation, conciliation and settlements totaling $39.1 million in 2019, down from $53.6 million in 2018, due mainly to a decrease in payments for ADA– and ADEA-related cases.

Payouts in cases involving retaliation under Title VII rose to $25.8 million. That was up compared to both 2018 and 2017.

LGBT-related cases rising

One of the stats that stands out from the 2019 EEOC retaliation data is the continued rise in the number of LGBT-based sex discrimination charges and monetary payouts despite a lack of clear guidance from the nation’s highest court.

In 2004, the first full year of EEOC tracking this category, 1,100 charges resulted in $2.2 million in monetary benefits and settlement payments. Last year, 1,868 charges resulted in $7 million in payments.

Keep in mind that EEOC found “No Reasonable Cause” in more than 60% of charges every year they’ve tracked this category. As societal attitudes toward LGBT rights evolve, that percentage may drop and employers’ potential monetary liabilities rise.

Compliance = constant vigilance

Employers should take away one clear compliance lesson from the report: your discrimination and retaliation reporting and response programs can’t just be a few pages in your employee handbook.

HR should constantly review procedures with employees, supervisory staff and management and validate that your process is working.

The EEOC data highlights that all employees need training to understand what constitutes discrimination. And supervisors and managers must understand compliance obligations related to all EEOC laws and rules.

Equal pay in the spotlight

Suits alleging violation of the Equal Pay Act (EPA), while a small percentage of the total at just 1,117, were the highest since 2003. EPA-related awards were up slightly over last year but remain relatively flat over recent years.

Nevertheless, it might be a good time to look into a privileged gender pay equity audit.  Experts predict that the number of cases and amounts awarded for EPA violations will likely climb during 2020 and beyond, as employees and EEOC focus more attention on pay disparities.

As always, consult with counsel before initiating any pay equity studies or policy changes.

Tim McElgunn
Tim McElgunn
Tim, a member of the HRMorning staff, is a veteran writer and editor. His background includes producing and managing publications for Bloomberg, Frost & Sullivan, Gartner Group and McGraw-Hill.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader