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Investigate and Resolve Discrimination Claims

The Civil Rights Act of 1964 was enacted to eliminate deeply entrenched patterns of employment discrimination against individuals because of their race, color, sex, religion, and national origin.  Three year later, age discrimination was prohibited with the passing of the Age Discrimination in Employment Act of 1967. It took another 23 years for individuals with disabilities to be protected by the Americans with Disabilities Act of 1990.

Since that time, many states have enacted their own laws prohibiting discrimination based on the federal protections, as well as, additional protections such as sexual orientation, marital status, political affiliation, matriculation, etc.  Forty-four years since the first laws recognizing and prohibiting discrimination it is evident that discriminatory employment practices have become more subtle and more difficult to identify and correct. 

When you receive an informal employee complaint or a formal charge of discrimination, it is critical that you immediately develop a strategy for conducting an investigation. You also want to advise the management team to treat the complainant fairly and objectively to avoid any retaliation claims. 

Workplace Dynamics can take on several roles to assist you in handling complaints or formal charges of discrimination.  We can advise you and direct your internal investigation or we can conduct a full investigation of the facts and allegations.  Since we have prior experience working for the Equal Employment Opportunity Commission, we know what it takes to defend a formal charge of discrimination and how to prepare your company’s position statement.

METRICS

The number of persons unemployed for a year or longer has increased significantly since the onset of the recession in December 2007.  In the second quarter of 2010, the share of the labor force unemployed for a year or longer reached a record high.  Men and persons aged 25 and older were somewhat overrepresented among those jobless for a year or more.

Distribution of unemployment by selected characteristics, not seasonally adjusted, second quarter 2010 (level in thousands)

Characteristics Unemployed
  Total Unemployed Unemployed 52 weeks or more
  Number % distribution Number % distribution
  Sex  
Total, 16 years & older 14,621 100.0% 4,523 100.0%
     Men
8,491 58.1% 2,773 61.3%
    Women 6,130 41.9% 1,750 38.7%
Age
 
     16 - 24 years
4,046 27.7% 779 17.2%
     25 - 54 years
8,576 58.7% 2,928 64.7%
     55 years & older
1,999 13.7% 816 18.0%
Race & Ethnicity
 
     White
10,773 73.7% 3,165 70.0%
     African American
2,796 19.1% 1,026 22.7%
     Asian
535 3.7% 208 4.6%
     Hispanic or Latino
2,695 18.4% 756 16.7%
Educational attainment
 
Total, 25 years & over
10,575 100.0% 3,744 100.0%
     Less than a high school diploma
1,688 16.0% 573 15.3%
     High school graduates
3,929 37.2% 1,451 38.8%
     Some college/associate degree
2,934 27.7% 1,021 27.3%
     College graduates
2,024 19.1% 699 18.7%
A

 

 Note: Total may not sum to 100% due to rounding.  Persons whose ethnicity is identified as Hispanic or Latino may be of any race.  Includes persons with a high school diploma or equivalent. College graduates include persons with a bachelor's, master's, professional, or doctoral degree.

Source: Bureau of Labor Statistics, Current Population Survey

 
EEOC discrimination charges hit all time high!  For FY 2011, there were 99,947 (up from 99,22 in FY 20010) charges filed with the EEOC. 

Monetary resolutions during the same period totaled $364.7 million (up from $294.2), not including $91 million in monetary relief from litigation.    

In FY 2011, the majority of the charges filed with the EEOC were based on race (35.4%), retaliation (37.4%), gender (28.5%), disability (25.8%) and age (23.5%). 

Let's work together to make sure that your organization does not become part of these statistics!


Legal Case Settlements
December 2011 – Blockbuster, Inc. has entered into a consent judgment requiring them to pay over $2m to settle a discrimination lawsuit filed by the EEOC. Blockbuster was charged with subjecting temporary employees to sexual harassment, retaliation for resisting sexual advances and for complaining, and subjecting Hispanic temporary employees to national origin and race harassment and other discrimination.
 
December 2011 - Wal-Mart Inc. will pay $275k to settle a disability lawsuit filed under the Americans with Disabilities Act (ADA) as amended by the ADAA by EEOC.  The lawsuit was filed on behalf of a 12-year Wal-Mart employee who was denied a reasonable accommodation after having cancer surgery.  Wal-Mart also fired the employee in retaliation for complaining about Wal-Mart's refusal to accommodate him.  After denying his request, Wal-Mart discharged him claiming that he could no longer perform the essential functions of his job. 

 

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