information only on official, secure websites. Employers Beware: Non-Disparagement and Confidentiality Covenants in Consultation Paper On Review of Corporate Governance Norms For A High Californias War On The Fast-Food Industry Continues. The applicant filed a disability lawsuit with the EEOC under the Americans with Disability Act ( ADA) and Age Discrimination in Employment Act ( ADEA ). Official websites use .gov 1-844-234-5122 (ASL Video Phone) Manners, Compliance into the Weeds: Vindman and Whistleblowers, New Property Owners Will Not Employ Managers Who Engaged in or Allowed Harassment - KINGSTON, N.Y. Kingston Propertiesa group of companies that developed, owned, and managed five affordable housing complexes inmore, Employer Ignored Sexually Hostile Work Environment at Multiple Alabama Locations Despite Employee Complaints, Federal Agency Charges - BIRMINGHAM, Ala. McDonald Oil Company has agreed to pay $400,000 to settle a sexualmore, Employer Allowed Abuse of Pregnant Employee and Fired Her After She Complained, Federal Agency Charged - ASHEVILLE, N.C. North Georgia Foods, Inc., a Georgia-based company operating several Burger King restaurants,more, Supervisors Repeatedly Ignored Farmworkers Reports of Sexual Harassment, Federal Agency Charged - YAKIMA, Wash. Chief Orchards Administrative Services, a tree fruit business based in Yakima, Washington, has agreed tomore, Insurance Company Suspended Employee for Filing an EEOC Charge, Federal Agency Alleged - DETROIT Proctor Financial, Inc., an insurance company based in Troy, Michigan that provides insurance products for residential andmore, Auto Dealerships Paid Female Dispatcher Less than Male Counterpart and Fired Her When She Requested Equal Pay, Federal Agency Charges - BALTIMORE Jerrys Chevrolet Inc., and Jerrys Motor Cars Inc., leading Baltimoremore, PHOENIX Circle K Stores Inc. has entered into a nationwide agreement with the U.S. Michigan PFAS Challenge Arguments Briefed For The Court. Equal Employment Opportunity Commission (EEOC)releaseditsAnnual Performance ReportandEnforcement and Litigation Statisticsfor fiscal year (FY) 2021 (October 1, 2020September 30, 2021). Race and sex discrimination followed, making up, respectively, nearly 33% and nearly 32% of all charges. US Executive Branch Update March 2, 2023. MINNEAPOLIS - Employer Solutions Group, LLC (ESG), a payroll services company operating in Eden Prairie, Minnesota, has agreed to pay $95,000 to resolve a disability discrimination lawsuit filed by the U.S. Washington, DC 20507 information only on official, secure websites. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). This token is specific to a user's login session and requires a valid username and password to obtain. (Reuters) - The Democrat-led U.S. Senate on Wednesday voted along party lines to repeal a Trump-era Equal Employment Opportunity . A termination that is motivated by retaliation by an employer or supervisor to punish the employee for coming forward is called a retaliatory termination and could entitle the employee to significant damages, including lost wages, punitive damages, and damages for emotional distress. Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. A lock ( asking managers or co-workers about salary information to uncover potentially discriminatory wages. The EEOC received 67,448 charges of . Comply with our legal and regulatory responsibilities and to enforce our rights. HERE IT IS: The Czars HUGE Breakdown of the FCC NPRM is NOW Telehealth Update: DEA Issues Long-Awaited Proposed Rule on CFPB Provides Guidance on Auto Finance Data Pilot, Two Maui Men Sentenced for Racially Motivated Attack on White Man, US Executive Branch Update March 3, 2023, EPA Holds Third and Final TSCA Engineering Initiative Webinar. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. make the person's work more difficult (for example, punishing an employee for an EEO complaint by purposefully changing his work schedule to conflict with family responsibilities). During the first month of 2020, EEOC has settled nineteen discrimination lawsuits. The comprehensive enforcement and litigation statistics for FY 2020, which ended on Sept. 30, 2020, are posted on the agency's website, which also includes detailed breakdowns of charges by state. Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more. The general rule regarding taxability of amounts received from settlement of lawsuits and other legal remedies is Internal Revenue Code (IRC) Section 61. Locking Tik Tok? Given the flip of the White House from red to blue and the commitment of the Biden Administration to enhanced enforcement of workplace bias laws, the EEOC's enforcement data is a "must-read" for all employers. Categories of discrimination claims that showed a slight increase in frequency in FY 2021 as a percentage of the total, as compared to FY 2020, were retaliation, disability, race, color, age, and national origin. 131 M Street, NE Once again, in FY 2021, more charges were filed in Texas than in any other state, with 6,508. This is especially true when it comes to EEOC-initiated litigation. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. Please understand that merely contacting us does not create an attorney-client relationship. Secure .gov websites use HTTPS information only on official, secure websites. Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues. Filling 450 primarily front-line staff and attorney positions, the agency boosted its ranks, ending the year with more than 2,100 employees. Find your nearest EEOC office Other charges received by the EEOC include: Under the 33-month consent decree settling the suit, agreed to by the parties and entered by the court, Koch will pay $165,000 to the former employee and issue her an apology for how she was treated by the company. Operate our Website and Services and publish content; Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms); Measure readership and usage of the Website and Services; Communicate with you regarding your questions and requests; Authenticate users and to provide for the safety and security of our Website and Services; Conduct research and similar activities to improve our Website and Services; and. For example, we place a session cookie on your computer each time you visit our Website. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. 4. Share sensitive Washington, DC 20507 EEO Advantage leverages technology and a thorough understanding of agency processes to manage administrative charges proactively and with budget certainty. GT's The Performance Review Episode 19: Is the Fight Over AB 51 5 Reasons Community Associations Need an Attorney That Specializes in New York Proposes Regulatory Review and Approval of Material Health CMS Issues Long-Awaiting Medicare Advantage RADV Final Rule, Preventing the Use of Cryptocurrencies to Evade Sanctions. Katie Bayt serves as Director of Ogletree Deakins EEO Advantage Administrative Charges Program helping employers manage their administrative charges filed with federal, state, and local agencies nationwide. White House Reviewing Proposed Regulations on Reinstated Superfund You Dont Need a Machine to Predict What the FTC Might Do About Is It Compensable? Staffing increases, as well as President Bidens budget proposal of $464.7 million for FY 2023, which is an almost $45 million increase from the $420 million budget recently approved for FY 2022, could mean employers may see an increase in enforcement activity from the agency going forward. The Commission in FY 2021 received the lowest number of charges from workers in more than two decades. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile. If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Charge Statistics (Charges filed with EEOC) FY 1997 Through FY 2021. In 2020, charges filed with the EEOC alleging discrimination or harassment because of a person's race or color made up more than one-third of all complaints the agency fielded. Additional statistics are posted on the agency's website here. For example, depending on the facts, it could be retaliation if an employer acts because of the employee's EEO activity to: For more information, see Questions and Answers: Enforcement Guidance on Retaliation and Related Issues. Title VII meets Ms. Equal Employment Opportunity Commission (EEOC) released its Annual Performance Report and Enforcement and Litigation Statistics for fiscal year (FY) 2021 (October 1, 2020September 30, 2021). 131 M Street, NE This does not include charges filed with state or local Fair Employment Practices Agencies. For example, it is unlawful to retaliate against applicants or employees for: Participating in a complaint process is protected from retaliation under all circumstances. 1-800-669-6820 (TTY) info@eeoc.gov Please note, this e-mailbox is intended for reporters, news producers, those writing for news publication and broadcasts, and other people working on news programs or stories. On March 28, 2022, the United States Equal Employment Opportunity Commission ("EEOC") released its annual " Enforcement and Litigation Statistics .". 1-844-234-5122 (ASL Video Phone) According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. EEOC legal staff resolved 165 merits lawsuits and filed 93 lawsuits alleging discrimination in FY 2020. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. White House Requires Removal of TikTok App from FDA Withdraws Proposed Rule on General Principles for Food Standards New FAQs Dramatically Expand Scope of California Labor Contractor Today is the Day Dont Miss the Employer Deadline to Report to OSHA, PTO Seeks Comments on Role of Artificial Intelligence in Inventorship. The EEOC publication, Enforcement Guidance on Retaliation and Related reflects application of the original federal legislation enacted in 1998, and revision to those laws since. For Deaf/Hard of Hearing callers: We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users. Supreme Court Clarifies the Meaning Salary Basis Under Federal OIRA Calls for Feedback on Recommendations to Encourage More FTCs One-Two Punch on Data Tracking and Health Privacy. The EEOC framed its FY 2021 as a year of "rebuilding" and strengthening the enforcement capacity of the agency. Stay connected with the latest EEOC news by subscribing to ouremail updates. The EEOC recently stated its intention to bolster staffing even further to reach approximately 2,300 employees by the end of FY 2022. The interactive visualization below provides information on the frequency of claims filed in FY 2021, as well as historically. If you are seeking information about the EEOC, please call 1-800-669-4000 or e-mailinfo@eeoc.gov. 1-800-669-6820 (TTY) An official website of the United States government. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Official websites use .gov 5. Rather than investigate her complaint, the company terminated her assignment. California Law May Limit Hospitals Ability to Adopt The Joint Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes. The EEOC will continue to do what it always has meet new challenges and overcome new obstacles to serve the American people.. EPA Releases Proposed Approach for Considering Cumulative Risks under Revised Colorado Privacy Act Rules Adopted for Review by Colorado AG. Washington, DC 20507 However, filings were still down from prior years, for example, when the agency filed 144 and 199 merits suits in FY 2019 and FY 2018, respectively. By contrast, sex, religion, Equal Pay Act, and genetic information discrimination claims all showed a small reduction in frequency. Official websites use .gov On February 26, 2021, the EEOC released its comprehensive enforcement and litigation statistics for Fiscal Year 2020 (available . Florida came in second with 4,941, and Pennsylvania followed in third with 3,960. Build a Morning News Brief: Easy, No Clutter, Free! You can always check this page for the latest version. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 67,448 charges of workplace discrimination the agency received in Fiscal Year (FY) 2020. The top 5 charges in descending order by bases alleged are: Retaliation: 34,332 (56.0 percent of all charges filed . Conversely, monetary resolutions of charges through mediation, conciliation, and settlement increased in FY 2021 to $350.7 million, up from $333.2 million in FY 2020. This does not include charges filed with state or local Fair Employment Practices Agencies. ) or https:// means youve safely connected to the .gov website. A lock ( BIPA ALERT: Illinois Supreme Court Opens the Door to Punitive, President Biden to Nominate Julie Su as New Secretary of Labor, The European Unitary Patent: Why Retailers Should Care, New York City Employers Prepare for AI Bias Law [VIDEO], Administration's WOTUS Rule Muddies Jurisdictional Waters. Late last month, the U.S. Department of Justice (DOJ) reached a settlement agreement with a large clothing retailer to resolve claims that the company discriminated against a non-U.S. citizen in violation of the federal immigration laws. A lock ( These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. Continued Downward Trend in Number of Charges Filed; Uptick in Pending Charges. Although there were fewer charges filed in fiscal year 2020, these statistics show that retaliation claims remain common and in fact have increased. As has been the case in past months, most of the settlements involved charges of disability discrimination (6) and sexual harassment, or sexual harassment and retaliation (5). Charges by StateTexas, Florida, and Pennsylvania Again Top the List. The Supreme Court Grants Petition to Decide Constitutionality of CFPB Understanding Your Law Firms Value Proposition, Spike in Migrants Crossing U.S.-Canada Border Raising Concerns, Bill to Amend the Gramm-Leach-Bliley Act Introduced to Congress, Energy & Sustainability Washington Update March 2023. The EEOC also reported receipt of 3,631 charges in FY 2021 alleging COVID-19 related discrimination, which accounted for 5.9 percent of the total charges received. Employees filed 37,632 such claims, which were included in 55.8% of all charges filed (a 2% increase over FY 2019). The EEOC framed its FY 2021 as a year of rebuilding and strengthening the enforcement capacity of the agency. 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