Workplace Issues - Discrimination And Harassment Cases By Category

This chart presents data on discrimination charges filed with the U.S. Equal Employment Opportunity Commission (EEOC). We focus on cases determined to have reasonable cause. We will call these resolved cases⁵. Discrimination and harassment charges fall into eight categories; these, in turn, are covered by four legislative statutes⁶ that EEOC enforces.

The graph shows data on resolved cases for each of the eight categories of discrimination. Sex-based cases lead the parade, closely followed by race-based discrimination claims. Both of these categories saw increased "resolutions" over the period. But case filings did not increase dramatically. They did in the other categories.

With one exception, all categories of discrimination saw significant increases in the number of cases resolved. The exception was age-based discrimination. One possible reason for this is the strong economy of the 1990s. Most age-based charges arise from claims of wrongful termination. As demand for labor grew, pressure on older workers to leave the labor force diminished. Those asked to leave were generally offered early retirement packages. In 2000 and 2001 the economy began to slow and jobs were cut. In 2001 the number of age-based case resolutions rose — the consequence of an increased number of cases filed in 2000. Cause and effect were at work. There is an average one-year delay between filing a charge of discrimination with the EEOC and resolution of that charge⁷.

The strong economy of the 1990s may have been expected to have a similarly dampening effect on all categories of workplace discrimination as employers focused on providing as accommodating an environment as possible for workers in short supply. Not so. Case resolutions in all categories — except age-based — rose during the period 1993 to 2001. This suggests that age-based charges are based primarily on claims of wrongful termination — rather than other forms of discrimination. What other factors influence discrimination charges and resolutions?

Various factors influence these rates. First and most obviously, where discrimination is present, cases will be filed.

Second, changes in the law — new legislation and new legal precedents — have a profound impact on filing rates. Laws establish the rules under which charges are judged. They also establish limits on monetary compensation. Lawyers and clients are more likely to file charges if a successful outcome seems reasonably easy to obtain. The availability of punitive damages is also a motivating factor in entering what can be a lengthy and difficult journey.

Finally, filing rates are influenced by the level of public attention given to a particular type of discriminatory action. Heavy media coverage of high-profile cases serves as a trigger — Tailhook, Anita Hill and Clarence Thomas come to mind. A more thorough look at this subject will be offered in the panel on sexual harassment.

In the next panel we will look further at the changing levels of discrimination case resolutions by category.

Source: U.S. Equal Employment Opportunity Commission, Charge Statistics FY 1992 through FY 2001, available online at http://www.eeoc.gov/stats/charges.html.