On September 3, 2019, the EEOC published Volume 2 of its Digest of Equal Employment Opportunity Law (EEO Digest) for Fiscal Year 2019.
Included in the Digest are decisions from the Commission and federal courts involving, among other things, complaint processing, attorney’s fees, damages, dismissals under various federal statutes, retaliation, settlements, and remedies. Decisions can be accessed online through hyperlinks provided in the digital Digest.
In addition, this recently-released Digest includes an article entitled “An Overview of Common Remedies Available in Disparate Treatment Claims of Discrimination.” In the EEOC’s press release, Carlton M. Hadden, director of the EEOC’s Office of Federal Operations, commented, “It is important for our stakeholders to know what remedies are available to complainants when there is a finding of discrimination…. This article provides helpful information for all parties.”
Notably, a collection of previously-issued Digests are accessible to supplement your review of the various issues that may arise in the context of matters pending before the EEOC or the court.
Another compilation of informative material provided to the public by the EEOC is its annual report of enforcement and litigation data, which can provide employers with valuable insight as to the types of claims for which there is potential exposure. This annual report summarizes national and state-by-state data regarding the types of charges filed, as well as figures on the charges resolved and monetary recoveries by the EEOC on behalf of those who have experienced workplace discrimination.
The FY2018 report revealed that retaliation charges remained the most common type of charge filed with the EEOC, while charges of discrimination based on the Equal Pay Act (1,066) and Genetic Information (220) were the least common types of charges filed in that year. A full summary of the litigation statistics also is available online and revealed for FY2018 that the greatest number of actions filed by the EEOC included claims under Title VII (111 suits).
The information provided by the EEOC should serve as a reminder to employers of the potential risks associated with improper workplace conduct. Training employees and managers is a critical part of the process of preventing discrimination and harassment. In addition, adopting, implementing, and enforcing appropriate anti-harassment and related policies and procedures can be a key component of avoiding improper workplace conduct.
The attorneys of the Norris McLaughlin Labor & Employment Practice Group can assist employers with the tools needed to prevent discrimination and harassment in your workplace.