Workplace Misconduct Charges in 2010

The U.S. Equal Employment Opportunity Commission recently published its annual statistical report on unlawful workplace discrimination, harassment and retaliation charges.  Individuals filed 99,022 complaints (“charges”) with the agency in 2010, more than in any of the EEOC’s 45 years of existence.  The total is a 7% increase over 2009. Many complaints contain multiple accusations.  Retaliation and race-based accusations top the 2010 list, comprising 65% of the total:

• Retaliation (36,258)
• Race discrimination (35,890)
• Sex discrimination (29,029)
• Disability discrimination (25,165)
• National origin discrimination (11,304)
• Religious discrimination (3,790)

The EEOC also reports it obtained in 2010 a record $404 million in employer payments for alleged misconduct.  The agency also filed 250 lawsuits against employers nationwide last year.

The majority of the 31,000 harassment accusations submitted to the EEOC last year centered on race, national origin and religion, with 11,717, roughly one-third, based on sex.

The volume and increase of charges underscore the importance to employers and employees alike to know and apply clearly written workplace policies prohibiting all types of unlawful discrimination, harassment and retaliation, requiring reporting, and specifying prompt and fair internal investigation procedures to resolve any such allegation.