On January 6, 2010, the Equal Employment Opportunity Commission (EEOC) released data concerning charges of discrimination filed with the agency in Financial Year 2009. The press release reports that 2009 is the second highest year on record in terms of total number of discrimination charges filed with the Commission. Now, more than ever, it is essential for employers to establish powerful affirmative defenses that can help them to save significant dollars. It has become necessary for workplace policies and procedures to be evaluated and improved to combat workplace discrimination.
Consistent with recent historical trends in 2009, the EEOC received record numbers of charges alleging discrimination based on origin (11,134 charges), religion (3,386 charges) and sex-based discrimination (28,028 charges.) However
retaliation discrimination (33,613 charges) and race discrimination (33,579 charges) reached an all time high for this year. The EEOC also reported that through its enforcement, mediation and litigation programs, the agency recovered monetary relief for discrimination victims totaling over $376 million. The total number was 93,277, just slightly off the 2008 record numbers of 95,402, making the two-year annual average for 2008 and 2009 a staggering figure of 94,340 charges filed.
The near-historic level of total discrimination charge filings may be due to multiple factors like heightened legal awareness among employees, increasing workforce diversity and demographic shifts, economic uncertainty and changes to the agency’s intake practices that cut down on the steps needed for an individual to file a charge.
With the considerable growth of discrimination charges, it is imperative for SCI’s Clients to work proactively with their assigned Service Professional to address workplace concerns in order to help limit potential issues from becoming EEOC issues. Our Service Professionals and SCI’s resources can assist employers in identifying key concerns that managers face in today’s work environment.
Using HR Best Practices, employers are encouraged to:
• Develop comprehensive and broad-based anti-harassment and anti-discrimination policies and training, and train supervisors and human resource staff on the Company’s policy.
• Develop uniform and consistent documentation for all employment policies, including those prohibiting discrimination and instruct supervisors and managers on how to implement them.
• Select the best qualified employees to perform the job duties using non-discriminatory criteria.
• Establish criteria for termination or lay-off decisions that are based on legitimate business grounds.
• Conduct a statistical assessment to be aware of any disproportionate impact on protected class employees and, if a disproportionate impact is shown, cautiously analyze decisions to ensure that they are supported by legitimate business considerations.
• Leverage SCI’s expertise by contacting your assigned Service Professional and using the wealth of resources available to our Clients.
Valuable Tools from SCI •
Professional Resolution Program (PRPSM): Utilize SCI’s
PRP to avoid EEOC claims and lawsuits against your company.
• eUniversity: SCI’s eUniversity can specifically help educate and train management on EEOC topics and compliance concerns. eUniversity provides online, on-demand training tools and customized orientation and training solutions aligned with strategic business goals.
• Assessments: SCI’s assessment options help identify strengths and weaknesses within your management team via knowledge, skill and aptitude tests. Feedback targets areas to build new skills and identifies areas for improvement that could otherwise lead to communication issues and workplace concerns.
• Guidebooks: SCI’s Management Guidebook assists employers in becoming more aware of the EEOC laws, their related HR
Best Practices and also addresses the practical and legal challenges employers experience in today’s workplace. Our Member Guidebook lists
Best Practices discrimination and documentation policies for companies. All of SCI’s Guidebooks can be found on Client Self-Service (CSS) -> Reporting Services/Reports-On Demand -> Human Resources -> Guidebooks.
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HR Scopes: Keep yourself informed and aligned with major employment laws and regulations through SCI’s electronic periodical,
HR Scopes. Each issue focuses on one key topic and offers SCI’s
Best Practices guidance regarding the subject as it pertains to the workplace.
HR Scopes can be found on Client Self-Service (CSS) -> Reporting Services/Reports-On Demand -> Human Resources ->
HR Scopes. For more information visit:
www.eeoc.gov/eeoc/newsroom/release/1-6-10.cfm.
SCI is ready and available to assist its Clients in a proactive manner to help avoid the additional time and cost associated in managing workplace issues. If you have any questions or concerns, please contact your assigned SCI Professional.
