EEOC Roundup: Top 5 Takeaways for Employers on the 2021 Enforcement and Litigation Statistics

On March 28, 2022, the U.S. Equal Employment Alternative Fee (EEOC) released its Annual Performance Report and Enforcement and Litigation Statistics for fiscal 12 months (FY) 2021 (October 1, 2020–September 30, 2021). As employers navigate the “new normal” of 2022, they could profit from a glimpse into the company’s enforcement efforts throughout the previous 12 months, with 5 prime takeaways.

  1. Rebuilding Enforcement Capability

The EEOC framed its FY 2021 as a 12 months of “rebuilding” and strengthening the enforcement capability of the company. Filling 450 primarily front-line employees and lawyer positions, the company boosted its ranks, ending the 12 months with greater than 2,100 staff. The EEOC just lately said its intention to bolster staffing even additional to achieve roughly 2,300 staff by the finish of FY 2022. Staffing will increase, in addition to President Biden’s finances proposal of $464.7 million for FY 2023, which is an nearly $45 million improve from the $420 million finances just lately accepted for FY 2022, may imply employers might even see a rise in enforcement exercise from the company going ahead. Notably, the company this 12 months attributed a rise in deserves findings in favor of claimants—19.2 p.c in FY 2021, up from 17.4 p.c in FY 2020—to employees having extra time and assets to dedicate to investigations of cost issues.

The company additionally confirmed indicators of accelerating its FY 2021 litigation enforcement actions, which had lagged in FY 2020. The EEOC filed 116 deserves fits—a 24 p.c improve from FY 2020 when solely 93 deserves fits have been filed. Nonetheless, filings have been nonetheless down from prior years, for instance, when the company filed 144 and 199 deserves fits in FY 2019 and FY 2018, respectively. Moreover, the variety of systemic fits filed by the company remained flat from FY 2020 to FY 2021 at 13.

  1. Continued Downward Development in Variety of Costs Filed; Uptick in Pending Costs

The Fee in FY 2021 acquired the lowest variety of fees from employees in additional than 20 years. The company acquired 61,331 fees, a 9.1 p.c lower from the 67,448 fees acquired in FY 2020. This continues a gentle downward development since 2017 in the numbers of discrimination fees filed with the EEOC. Regardless of elevated company staffing and a lower in new fees, nevertheless, the variety of pending fees elevated barely in FY 2021 to 42,811, a 2 p.c uptick from 41,951 in FY 2020, breaking what had been a steadily lowering personal sector cost stock relationship again to 2015.

  1. Retaliation—As soon as Once more the Most Often Filed Declare

Retaliation continues to be the most ceaselessly filed declare included in fees with the EEOC; 56 p.c of all fees filed in FY 2021 included a retaliation declare, and we don’t anticipate that development to vary any time quickly.

The interactive visualization under supplies data on the frequency of claims filed in FY 2021, in addition to traditionally.

Classes of discrimination claims that confirmed a slight improve in frequency in FY 2021 as a share of the whole, as in comparison with FY 2020, have been retaliation, incapacity, race, coloration, age, and nationwide origin. Against this, intercourse, faith, Equal Pay Act, and genetic data discrimination claims all confirmed a small discount in frequency. The EEOC additionally reported receipt of three,631 fees in FY 2021 alleging COVID-19 associated discrimination, which accounted for 5.9 p.c of the whole fees acquired.

The under chart particulars the variety of claims made by class and the p.c of the whole of variety of fees that every class represents.

  1. Decline in General Restoration; Improve in Financial Decision of Costs

FY 2021 noticed an general decline in restoration for personal sector claimants, down 14 p.c from final 12 months to roughly $385 million. Restoration for claimants in litigation fell sharply from a staggering $106 million in FY 2020 to almost $34 million in FY 2021. Conversely, financial resolutions of fees by way of mediation, conciliation, and settlement elevated in FY 2021 to $350.7 million, up from $333.2 million in FY 2020. Throughout FY 2021, the EEOC continued a observe that started in earnest throughout the pandemic of increasing the use of digital mediation by way of video applied sciences, which contributed to an nearly 6 p.c improve in profitable personal sector mediations, leading to $176.6 million in restoration to claimants, a considerable $20 million uptick over FY 2020.

  1. Costs by State—Texas, Florida, and Pennsylvania Once more Top the Listing

As soon as once more, in FY 2021, extra fees have been filed in Texas than in every other state, with 6,508. Florida got here in second with 4,941, and Pennsylvania adopted in third with 3,960.

The interactive visualization under exhibits by state the place claimants filed most ceaselessly in 2021, and traditionally.

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