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JOB BIAS CHARGES AND SETTLEMENTS ON THE RISE
According to a recent press release by the United States Equal Employment Opportunity Commission ("EEOC"), discrimination charges are at their highest level in five years. Moreover, in fiscal year 2007, the agency obtained $345 million in settlements on behalf of purported job bias victims. This is a very concerning trend for employers.
According to the EEOC, they received in excess of 82,000 private sector discrimination charges filings last year. EEOC notes that this is the highest volume of incoming charges since 2002 and the largest annual increase (9%) since the early 1990's.
Also notable is that claims of workplace retaliation were the second highest charge category (behind race). This is a historical first, surpassing sex based charges in total filings. Historically, race has been the most frequently filed charge since the EEOC became operational in 1965.
Some other notable trends:
- Pregnancy charges surged to a record high level, as did sexual harassment filings;
- A record 16% of sexual harassment charges were filed by men, up from 9% in the early 1990's; and
- EEOC resolved a record number of charges through its internal mediation program. Indeed, according to EEOC's statistics, more than 96% of the participants in an EEOC mediation were satisfied with the outcome (including employers).
EEOC chairperson Naomi Earp was quoted as saying that "corporate America needs to do a better job of proactively preventing discrimination and addressing complaints promptly and effectively". Ms. Earp also stated that "to insure that equality of opportunity becomes a reality in the 21st century workplace, employers need to place a premium on fostering inclusive and discrimination free work environments for all individuals".
The California Department of Fair Employment and Housing, California's own job bias agency, has seen a dramatic upward trend in job bias filings as well.
Proactive employers will want to insure that their company does not become another agency statistic. Toward that end, at a minimum, we recommend the following:
- Review your employee handbook to insure you have an up to date anti-discrimination policy.
- Consider adding a discussion of this important policy in new-hire orientation and have employees acknowledge receipt of this information in writing.
- Be sure you have posted all of the required EEO and other labor law compliance postings.
- Train managers on the importance of EEO compliance and the many ways that seemingly innocent behavior can form the basis of an EEO complaint.
- Implement an internal problem solving procedure which enables employees to effectively address EEO and other employment matters.
In addition to our ongoing sexual harassment training Sex Harassment Seminars BRG&S has designed several management training programs to teach managers and supervisors about the many requirements imposed upon the Company (and them personally) under California and federal job bias statutes. These programs are offered as Webinars or live in-person trainings at your facility and can be customized to fit your company's individual needs. These programs cover a wide array of EEO topics, including:
- Religious, ethnic and sexual orientation discrimination;
- Managing employees with physical and mental disabilities under the ADA and California state law;
- Managing employee leave requests under the many federal and state laws that mandate time off (family leave, ADA, military leave, workers' compensation);
- Proper (lawful) interviewing techniques;
- Managing employees who can't or won't work;
- The reasonable accommodation requirements imposed under federal and state laws; and
- How to properly investigate workplace misconduct.
- Preventive labor relations.
Call your contact at the firm or our seminar coordinator Linda Gibson at (818) 508-3700 ext. 2122 for further information and to schedule this important training.
For more information, call us today at (818) 508-3700, or visit us on the web, at www.brgslaw.com.
Sincerely,
Richard S. Rosenberg
Partner
BRG&S, LLP
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