The Equal Employment Opportunity Commission (“EEOC”) released its Fiscal Year 2019 Enforcement and Litigation Data, breaking down which charges of discrimination were the most common. Continuing the recent trend, charges for retaliation were the most common, making up 53.8% of all charges filed. Following closely in second, third, and fourth place were charges of disability discrimination (33.4%), race discrimination (33%), and sex discrimination (32.4%). In total, 72,675 charges of discrimination were filed with the EEOC, of which 1,729 were filed in Arizona. These statistics do not include charges of discrimination filed only with the Arizona Civil Rights Division (“ACRD”).
Although the total number of charges are down this year, employers should keep in mind the most common types of charges when developing workplace training and management practices. Enacting the right preventative measures may decrease liability in the long run.
This data shows that, once a workplace complaint of discrimination has been made, it is exceedingly important to respond appropriately. More than half of the time, an employee believes he or she is retaliated against for complaining of discrimination or participating in protected activity.
Discrimination claims carry substantial penalties and, in some instances, the EEOC itself will pursue litigation against the Employer for violations of anti-discrimination in laws. Employers may be liable for back pay, front pay, emotional distress damages, attorneys’ fees and costs. By speaking to an attorney in these early stages, Employers can appropriately defend themselves and gain crucial insight on the merits and the weaknesses of the Employee’s case.
The employment lawyers at Mesch Clark Rothschild have extensive experience in defending EEOC and ACRD charges of discrimination, as well as working with Employers to develop effective and appropriate training and management practices. If you have any questions, reach out to an employment lawyer today to discuss your options.
