Workplace Issues - Trends In Discrimination And Harassment Charge Resolutions

This chart presents data on the percentage change in discrimination charges resolved by the U.S. Equal Employment Opportunity Commission (EEOC) between 1993 and 2001. The chart shows trends. The first and lightest bar shows the change in the number of cases resolved, regardless of outcome⁸. The second bar shows the percentage change in the number of cases resolved by a finding of "no reasonable cause" (charges were dismissed). The third bar shows the change in the percentage of cases that EEOC found reasonable enough to investigate.

The one clear trend is towards resolving more cases. In all but one category, age-based discrimination, the number of cases resolved rose sharply during the period. See the previous panel for an explanation about trends in age-based discrimination.

In all other categories, the number of cases resolved at the end of the period is much higher than at the beginning. Religion-based discrimination is up the most, having increased by 72%. The total number of religion-based discrimination cases is small, only 2,127 filed in 2001 or 1.8% of all filings. Nonetheless, the large percentage increase in resolved cases makes it an interesting category. What is going on in this area of discrimination to cause such an increase?

One important factor fueling these charges may be the growing religious diversity of the labor force. A recent survey⁹ found that 36% of the human resource professionals surveyed reported having a greater number of faiths represented in their workforces than had been the case only five years earlier. This change has created a need for new accommodations for employees' religious practices and beliefs — different holidays, altered break schedules that can be used for such things as daily prayers, and changes to policies covering work attire. Many companies have been slow to adjust, leaving the door open to accusations of religious discrimination. Have these accusations borne up under the scrutiny of EEOC investigations? Only about two in five cases have.

The number of religion-based discrimination charges resolved by a finding of "no reasonable cause" has risen. In 2001 61% of cases resolved were found to have no reasonable cause. Many of the cases filed never get past the initial EEOC investigation.

A similar pattern is found for pregnancy-based charges as well as those brought under either of the gender-based categories. In these categories too, the numbers of cases resolved are growing but so are the numbers of cases found to be without merit.

We have seen that the number of discrimination cases filed is up slightly. We have also seen that the number of resolved cases is up sharply. Does this mean that the EEOC is receiving many more cases that it believes are based on true instances of discriminatory behaviors, policies, or actions? We will look at trends in the cases that are won by plaintiffs to try and answer this question.

But first we will take a closer look at the trends in sexual harassment charges. The sexual harassment category saw the second largest increase in cases resolved but the highest increase in cases dismissed for lack of reasonable cause. It is an interesting category and deserves a closer look.

Source: U.S. Equal Employment Opportunity Commission, Charge Statistics FY 1992 through FY 2001, available online at http://www.eeoc.gov/stats/charges.html. The percentages reported on human resource managers surveyed: Thou Shalt Accommodate Employees' Religious Beliefs, Hot Topics in Employment Law, November 26, 2001, an e-mail newsletter published by Alexander Hamilton Institute, Inc. and available at http://www.ahipubs.com/newsletter/.