A Message From  
 
Andrew Montagna, CICThe Gaudreau Group, Inc

Andrew T. Montagna, CIC

  Commercial Accounts Manager
 
 

Workplace Discrimination Charges Set Record 

 

A recent article we wrote spoke to theLawsuits galore! issues affecting corporations and their Employment Practice Liability and Directors and Officers Liability. 

 

We had noted that the proliferation of Federal and State laws governing employment combined with evolving case law makes claims by employees more common and more costly.  Even routine management decisions can lead to Personal Liability for your company's directors and officers. 

A recent report by the EEOC confirms these facts from that summary.

 


A record 99,922 private-sector workplace discrimination charges were filed with the U.S. Equal Employment Opportunity Commission during fiscal 2010.  The number of charges filed in fiscal 2010, which ended Sept. 30, was more than the 95,402 record set in fiscal 2008 and was 7.1% higher than fiscal 2009, the EEOC said.

 

 

All major categories of charges increased

 

For the first time,retaliation charges filed under all statutes surpassed race as the most frequently filed charge and comprised 36.3% of the total. The 36,258 retaliation charges increased 7.9% over the previous year.  Some 35,890 race-related charges were filed, which was 35.9% of the total and a 6.9% increase over the previous year. Other charge categories, and their percentage of the total filed, were: sex, 29.1%; disability, 25.2%; age, 23.3%; national origin, 11.3%; religion 3.8%, Equal Pay Act, 2%; and Genetic Information Nondiscrimination Act, 0.2%.

 

The EEOC published final regulations to implement Title II of GINA, which prohibits using genetic information in making employment decisions, in the Federal Register in November.

 

The EEOC said the surge in charges may be due to several factors, including economic conditions, increased diversity and demographic shifts in the labor force, employees' greater awareness of the law, improvements in the EEOC's intake practices and consumer service, and greater accessibility to the public.  The EEOC also said it ended fiscal 2010 with 86,338 pending charges, an increase of less than 1% over the previous year.

 

"The latest data tell us that as the first decade of the 21st century comes to a close, the commission's work is far from finished," said Stuart J. Ishimaru, acting EEOC chairman, in a statement. "Employers must step up their efforts to foster discrimination-free and inclusive workplaces or risk enforcement and litigation by the EEOC."

 

For more information on  enforcement and litigation statistics from the EEOC, visit www.eeoc.gov/eeoc/statistics/enforcement/index.cfm.

 

Whether your company has a policy or are considering one, we are prepared to afford you with a complete risk assessment for your Employment Practices Liability, Directors and Officers and Fiduciary coverages. 

 

If you would like more information about our companies and our affiliated organizations, please feel free to review our web sites listed below, and call our offices at anytime if you have any questions or concerns.

 

Thought for the Day
 
 

Success is the result of perfection, hard work, learning from failure, loyalty to those for whom you work, and persistence.   ......... Colin Powell

 

 

Warmest Regards,

Andrew T. Montagna , CIC                                                               Email Me        

 
The Gaudreau Group, Inc
Phone      (413) 543-3534 ext 122
Toll Free (800) 750-3534
Cell          (413) 530- 7256
Fax          (413) 543-4153
 
www.gaudreaugroup.com
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