(August 2019)
The Equal Employment Opportunity Commission (EEOC) annually reports on the number and types of discriminatory actions that workers have filed against their employers. The allegations primarily involve age discrimination, sex discrimination, sexual harassment, and race discrimination.
The tables below show the EEOC filing statistics for 2010 through 2018 for charges.
|
EEOC
Discrimination Charges |
||||||
|
Discrimination Category |
2010 Records |
2011 Records |
2012 Records |
|||
|
No. of Filings (2) |
Percent of Filings |
No. of Filings (2) |
Percent of Filings |
No. of Filings (2) |
Percent of Filings |
|
|
Age |
23,264 |
23.5% |
23,465 |
23.5% |
22,857 |
23.0% |
|
Disability |
25,165 |
25.2% |
25,742 |
25.8% |
26,379 |
26.5% |
|
Equal Pay |
1,044 |
1.0% |
919 |
.9% |
1,082 |
1.1% |
|
National Origin |
11,304 |
11.3% |
11,833 |
11.8% |
10,883 |
10.9% |
|
Race |
35,890 |
35.9% |
35,395 |
35.4% |
33,512 |
33.7% |
|
Religion |
3,790 |
3.8% |
4,151 |
4.2% |
3,811 |
3.8% |
|
Retaliation (3) |
36,258 |
36.3% |
37,334 |
37.4% |
37,836 |
38.1% |
|
Sex (1) |
29,029 |
29.1% |
28,534 |
28.5% |
30,356 |
30.5% |
|
Total(4) |
99,922 |
|
99,947 |
|
99,412 |
|
|
(1)
This category also includes same-sex or gender-based
allegations. (2)
Some inaccuracy exists because individual complaints typically allege
discrimination in more than one category. (3)
The vast majority of these incidents involve Title VII violations. (4)
The totals do not equal the individual charges because individuals filing
charges often cite more than one type of discrimination. |
||||||
|
EEOC
Discrimination Charges |
||||||
|
Discrimination Category |
2013 Records |
2014 Records |
2015 Records |
|||
|
No. of Filings (2) |
Percent of Filings |
No. of Filings (2) |
Percent of Filings |
No. of Filings (2) |
Percent of Filings |
|
|
Age |
21,396 |
22.8% |
20,588 |
23.2% |
20,144 |
22.5% |
|
Disability |
25,957 |
27.7% |
25,369 |
28.6% |
26,968 |
30.2% |
|
Equal Pay |
1,019 |
1.1% 1. |
938 |
1% |
973 |
1.1% |
|
National Origin |
10,642 |
11.4% |
9,579 |
10.8% |
9,438 |
10.6% |
|
Race |
33,068 |
35.3% |
31,073 |
35.0% |
31,027 |
34.7% |
|
Religion |
3,721 |
4.0% |
3,549 |
4.0% |
3,502 |
3.9% |
|
Retaliation (3) |
38,539 |
41.1% |
37,955 |
42.8% |
39,757 |
44.5% |
|
Sex (1) |
27,687 |
29.5% |
26,027 |
29.3% |
26,396 |
29.5% |
|
Total (4) |
93,727 |
|
88,778 |
|
89,385 |
|
|
(1)
This category also includes same-sex or gender-based
allegations. (2)
Some inaccuracy exists because individual complaints typically allege discrimination
in more than one category. (3)
The vast majority of these incidents involve Title VII violations. (4)
The totals do not equal the individual charges because individuals filing
charged often site more than one type of discrimination. |
||||||
|
EEOC
Discrimination Charges |
||||||
|
Discrimination Category |
2016 Records |
2017 Records |
2018 Records |
|||
|
No. of Filings (2) |
Percent of Filings |
No. of Filings (2) |
Percent of Filings |
No. of Filings (2) |
Percent of Filings |
|
|
Age |
20,857 |
22.8 |
18,376 |
21.8 |
16,911 |
22.1 |
|
Disability |
28,073 |
30.7 |
26,838 |
31.9 |
24,605 |
32.2 |
|
Equal Pay |
1,075 |
1.2 |
996 |
1.2 |
1,066 |
1.4 |
|
National Origin |
9,840 |
10.8 |
8,299 |
9.8 |
7,106 |
9.3 |
|
Race |
32,309 |
35.3 |
28,528 |
33.9 |
24,600 |
32.2 |
|
Religion |
3,825 |
4.2 |
3,436 |
4.1 |
2,859 |
3.7 |
|
Retaliation (3) |
42,018 |
45.9 |
41,097 |
48.8 |
39,469 |
51.6 |
|
Sex (1) |
26,934 |
29.4 |
25,605 |
30.4 |
24,655 |
32.3 |
|
Total (4) |
91,503 |
|
84,254 |
|
76,418 |
|
|
(1)
This category also includes same-sex or gender-based
allegations. (2)
Some inaccuracy exists because individual complaints typically allege discrimination
in more than one category. (3)
The vast majority of these incidents involve Title VII violations. (4)
The totals do not equal the individual charges because individuals filing
charged often site more than one type of discrimination. |
||||||
A dramatic decrease of actions occurred between 2013 and 2014 and also between 2017 and 2018. Did this mean that employers were becoming less discriminatory? No, but employment opportunities were improving with fewer layoffs and terminations. Terminations and hiring are the points at which most alleged wrongful acts of discrimination occur so, as fewer layoffs occurred, the potential for real or perceived discriminatory practices decreased. Also, in times of lower unemployment, there is less incentive to file suits and more disincentives.
The top three discrimination complaints have remained consistent over the past 8 years with the top three groups being:
This information may help employers and insurers gain a better perspective. Though much publicity and focus in recent years have been the subject of sexual discrimination and harassment, efforts should also address retaliatory issues. Retaliation is particularly disconcerting and points to a possible conflict of employer motives. Retaliation usually involves complaints from “whistle-blowers,” persons who report illegal activities by their employers. If this problem is to be properly addressed, then more employers have to police their business actions and be more willing to acknowledge the need for corrective rather than vengeful actions.
This information could be instructive in guiding employers on the priorities they should place on addressing possible problems. It could also provide insurers assistance in underwriting and, possibly as more ERPL statistics are available, with pricing.
While facing severe resource limitations, the EEOC is responsible for investigating the charges and then deciding upon whom to sue. The number of discrimination lawsuits it is able to file is a small fraction of the complaints actually received. The EEOC has a tremendous backlog of complaint investigations, so the disparity between the charges and lawsuits is not meaningful. Also, remember that the lawsuit table reports items settled, not the number filed.
|
EEOC Resolved
Lawsuits |
||||
|
Category |
2011 Settlements |
2012 Settlements |
2013 Settlements |
2014 Settlements |
|
Age |
26 |
30 |
16 |
13 |
|
Concurrent (2) |
8 |
12 |
6 |
13 |
|
Disability |
42 |
72 |
59 |
47 |
|
Equal Pay |
2 |
2 |
4 |
5 |
|
Sex/Gender |
215 |
162 |
135 |
87 |
|
Total Number |
312 |
283 |
222 |
144 |
|
Total Awards (1) |
$91.0 |
$44.2 |
$38.6 |
$22.5 |
|
(1) In millions of dollars (2) These suits are based on more than one category of discrimination |
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|
EEOC Resolved
Lawsuits |
||||
|
Category |
2015 Settlements |
2016 Settlements |
2017 Settlements |
2018 Settlements |
|
Age |
12 |
12 |
3 |
10 |
|
Concurrent (2) |
6 |
16 |
4 |
16 |
|
Disability |
61 |
48 |
48 |
55 |
|
Equal Pay |
1 |
7 |
4 |
9 |
|
Sex/Gender |
87 |
84 |
57 |
82 |
|
Total Number |
171 |
171 |
125 |
15653.6 |
|
Total Awards (1) |
$65.3 |
52.2 |
42.4 |
53.6 |
|
(1) In millions of dollars (2) These suits are based on more than one category of discrimination |
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The categories under the lawsuit table differ from the
charges table because the EEOC collects and reports the information according
to the statute (federal act) under which each suit is filed. The acts involved
are the
There are, obviously, other problems when trying to correlate the information between the charges filed with the EEOC and the lawsuits the EEOC pursues against employers. Besides the huge investigation backlog previously mentioned, the EEOC places a priority on the types of suits it files. It is important to realize that, while the department has some input on the type of lawsuits it files, it also is subject to the directives of other areas of the federal government, including the incumbent administration.