In FY 2023, the Equal Opportunity Employment Commission (EEOC) collected more than $665 million for victims of workplace discrimination.
That’s a 29.5% increase over what it collected during the previous fiscal year, according to the agency’s latest annual performance report.
It’s the largest amount ever collected in a single fiscal year in the agency’s history.
By the numbers: EEOC’s fight against discrimination
As an FYI, the federal government’s fiscal year runs from the beginning of October through the end of September. This EEOC report card covers FY 2023, spanning from Oct. 1, 2022, to Sept. 30, 2023.
How did the EEOC amass this record-breaking haul – and who received the spoils?
In FY 2023, the EEOC received:
- 81,055 new discrimination charges – an increase of 10.3% over FY 2022
- 233,704 inquiries in field offices – up 6.9% over FY 2022
- More than 522,000 phone calls from the public through the agency contact center – about 10% more than those received in FY 2022, and
- Over 86,000 emails – up 25% from FY 2022.
The agency also filed 143 new lawsuits, up more than 50% over FY 2022, which included:
- 86 lawsuits on behalf of individuals
- 32 non-systemic suits with multiple victims, and
- 25 systemic suits involving multiple victims or discriminatory policies.
Of the $665 million the agency collected:
- Approximately $440.5 million came through mediation, conciliation and settlements for victims of employment discrimination in the private sector and in state and local government workplaces.
- More than $202 million was for 5,943 federal employees and applicants – an increase of 53% over FY 2022.
- About $22.6 million was won in litigation for 968 individuals.
The EEOC’s strategic plan to fight workplace discrimination has shifted to also focus on systemic claims, according to Stephen Paskoff, a former trial attorney for the EEOC. The numbers in this report show that the EEOC is making that shift.
Key takeaways for HR
The data indicates that HR professionals may need to:
- Reprioritize efforts to make addressing discrimination in the workplace a top priority. The rise in inquiries and charges could indicate that more employees are willing to seek out help — even from the EEOC. However, if employee concerns are handled effectively, this can prevent complaints from escalating.
- Review and/or revise investigation procedures to help ensure employee complaints are properly handled internally rather than reported to the EEOC. Investigations should be conducted promptly, thoroughly and impartially to address complaints effectively and protect the rights of all parties involved.
- Review and revise, if necessary, anti-discrimination policies. Then provide regular training to both employees and managers on the updated policies.
- Create and foster a company culture where discrimination is not tolerated, and all employees understand their rights and responsibilities.
What to do if an employee files an EEOC discrimination charge
Hopefully, your company will never find itself on the receiving end of an EEOC discrimination complaint. But if you do, having an idea of what to expect can be helpful.
Sruthi Ananthachari, PHR GMS® LDCP, an HR director in California, previously shared with HRMorning strategies to follow if you get a notice from the EEOC:
- Get the facts of the case and document everything.
- Collect relevant documentation, including emails, text messages, WhatsApp and any other forms of communication like MS Teams, Slack, etc.
- Identify witnesses as needed and keep them briefed that there may be a need to meet with EEOC officials.
- Check your policies are consistent with the organizational practices and you do not find any violations. Have copies of your policy ready for documentation needs.
- Share the documents and discuss them with your employment law attorney to prepare a suitable response.
Drawing from two personal experiences with the EEOC, Ananthachari shared what he learned and included recommendations on what to do if an in-person meeting is required. In such instances, Ananthachari said he was:
- Advised to bring an attorney
- Told that the person representing the company should have the authority to make decisions – including financial decisions – on behalf of the company
- Advised that the process could take a full day, and
- Told to be prepared to stay through the evening.