EEOC Releases Private Sector Enforcement Data: Retaliation Most Common Allegation

Author: Marta Moakley, XpertHR Legal Editor

February 9, 2015

The Equal Employment Opportunity Commission (EEOC) has released detailed information regarding private sector enforcement data statistics for fiscal year 2014. The statistics show that retaliation claims represented the highest percentage (42.8%) of the total amount of workplace discrimination charges received (88,778).

Fiscal year 2014 ran from October 1, 2013 to September 30, 2014. The EEOC had previously released overall numbers for fiscal year 2014, but had not provided detailed information through the use of data tables, which break down the statistics by state, statute and protected basis (e.g., race or disability).

Multiple bases may be claimed on a particular charge, such as allegations of both sex discrimination and retaliation. After retaliation, the most prevalent charges filed included:

  • Race (accounting for 35% of the total charges, or 31,073 charges); and
  • Sex, including pregnancy and sexual harassment (representing 29.3% of the total charges, or 26,027 charges).

Charges under the Equal Pay Act accounted for roughly 1% of the total amount of charges (1.1%, or 938 charges). However, the relatively small amount of charges may be misleading because sex-based wage discrimination may also be charged under Title VII's sex discrimination provision, and this legal area continues to be a target for directed investigations (investigations undertaken in the absence of a charge) by the agency. In addition, the EEOC has signaled that enforcement of harassment protections (including on the bases of sex and race) will continue to be an area targeted for systemic enforcement. Detailed data tables regarding workplace harassment statistics have been made available on the EEOC's website.

The overall number of charges decreased in fiscal year 2014 compared to recent fiscal years. This decrease may be evident at the state level as well. For example, the total of number of charges filed in California decreased from 6,892 in fiscal year 2013 to 6,363 in fiscal year 2014.

In its press release, the EEOC reasons that the decrease was due in part to the government shutdown during the first quarter of the relevant fiscal year, citing that "first quarter charge filings . . . were 3,000 to 5,000 less than the other quarters." However, the decrease could be attributable to economic factors, such as a stronger economic outlook for employers resulting in fewer terminations.

Notably, the EEOC secured $22.5 million in monetary relief in cases litigated during the last fiscal year out of a total of $296 million in total monetary recovery. Although the overall amount of charges may have decreased during this time, this record recovery may be attributable to the EEOC's increased use of systemic investigations and litigation in its enforcement efforts.