Retaliation claims against employers on rise in US

Newly released enforcement and litigation data from the US Equal Employment Opportunity Commission (EEOC) has revealed that retaliation claims against employers are on the rise. The EEOC provided a breakdown of the 89,385 charges of workplace discrimination it received in fiscal year 2015. The agency says that retaliation charges increased last year by 5% and are the “leading concern raised by workers across the country,” accounting for 45% of all private-sector complaints. Charges of discrimination based on race came in second, at 35%, followed by disability at 30% and age at 23%.

Retaliation, Race Discrimination and Harassment Persist; Disability Charges Increase

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns of the 89,385 charges of workplace discrimination that the agency received in fiscal year 2015. Retaliation charges increased by nearly 5 percent and continue to be the leading concern raised by workers across the country. Disability charges increased by 6 percent from last year and are the third largest category of charges filed.

EEOC resolved 92,641 charges in fiscal year 2015, and secured more than $525 million for victims of discrimination in private sector and state and local government workplaces through voluntary resolutions and litigation. Learn more about our 2015 agency accomplishments.

"Over the past year, EEOC removed barriers to hire and obtained relief for thousands of people facing retaliation, unfair pay, harassment, and other forms of discrimination," said EEOC Chair Jenny Yang. "At the same time, we demonstrated our strong commitment to working with employers to voluntarily resolve charges of discrimination by achieving the highest mediation and conciliation success rates in our history."

The year-end data shows that retaliation again was the most frequently filed charge of discrimination, with 39,757 charges, making up 45 percent of all private sector charges filed with EEOC. The agency is currently seeking public input on its proposed update of enforcement guidance addressing retaliation and related issues as part of its commitment to inform the public about the Commission's interpretation of the law and promote voluntary compliance. Preserving access to the legal system, which includes retaliatory actions, is a national priority for EEOC.

The charge numbers show the following breakdowns by bases alleged:

Retaliation: 39,757 (44.5% of all charges filed)

Race: 31,027 (34.7%)

Disability: 26,968 (30.2%)

Sex: 26,396 (29.5%)

Age: 20,144 (22.5%)

National Origin: 9,438 (10.6%)

Religion: 3,502 (3.9%)

Color: 2,833 (3.2%)

Equal Pay Act: 973 (1.1%)

Genetic Information Non-Discrimination Act: 257 (0.3%)

These percentages add up to more than 100 because some charges allege multiple bases.

Charges raising harassment allegations-which span industries and affect our nation's most vulnerable workers-made up nearly 28,000 charges, or 31 percent. Preventing harassment through systemic enforcement and targeted outreach is also a national priority for EEOC. Employees claimed harassment in charges based on race, age, disability, religion, national origin and sex, including sexual orientation and gender identity. To address this pressing issue, EEOC launched a Select Task Force on the Study of Harassment in the Workplace in March 2015. Co-chaired by Commissioners Chai R. Feldblum and Victoria A. Lipnic, the task force will examine the various forms of workplace harassment and identify and promote strategies to prevent it.

The agency filed 142 merits lawsuits last year, up from 133 the previous year. The majority of the lawsuits filed alleged violations of Title VII of the Civil Rights Act of 1964, followed by suits under the Americans with Disabilities Act (ADA). This included 100 individual lawsuits and 42 lawsuits involving multiple victims of discriminatory policies, of which 16 were systemic. Legal staff resolved 155 lawsuits alleging discrimination.

The fiscal year ran from Oct. 1, 2014, to Sept. 30, 2015. EEOC enforces federal laws that make it illegal to discriminate against a job applicant or employee because of the person's race, color, religion, sex, pregnancy, national origin, age, disability or genetic information. Further information about EEOC is available at www.eeoc.gov.