EEOC 2013 Enforcement Data Highlights Retaliation, Race Statistics

Author: Beth P. Zoller, XpertHR Legal Editor

February 10, 2014

The EEOC recently released fiscal year 2013 data on its enforcement and litigation efforts during a record-breaking year in which it obtained $372.1 million in monetary relief. The data shows that there was a 5.7% decrease in the number of charges received during fiscal year 2013 (i.e., 93,727 in 2013 compared to 99,412 in 2012). In light of this information, employers should continue to implement and enforce discrimination and harassment policies in the workplace.

The data shows that retaliation was the most frequently filed charge, resulting in 38,539 charges or 41.1% of the total amount of charges (up from 38.1% of all charges in 2012). Race was the next most frequently filed charge at 33,068 charges, representing 35.3% of all charges filed. This was followed by sex discrimination (including sexual harassment and pregnancy discrimination) with 27,687 charges or 29.5% of all charges filed; and disability with 25,957 charges or 27.7% of all charges filed.

In commenting on the release of the 2013 data, EEOC Chairwoman Jacqueline A. Berrien stated that "[t]he data released today reflects the commitment of the men and women of the EEOC to fulfilling our vision of achieving justice and equality in the nation's workplaces...This work is particularly noteworthy given the extraordinary fiscal constraints and operational challenges in fiscal year 2013."

The data illustrates that in a year in which the EEOC was affected by the budget sequestration, resulting in the furlough of its entire workforce for 40 hours, freeze hiring and budget reductions, it was still able to resolve more discrimination charges than it took in for the fourth year in a row.

The EEOC also noted that in fiscal year 2013 it filed 131 merits lawsuits, primarily under Title VII and the Americans with Disabilities Act. Further, the EEOC resolved 209 merits lawsuits and obtained approximately $39 million in monetary benefits for claimants in addition to a wide range of injunctive relief.