Workplace Issues - Winning Discrimination Cases

Discrimination is either on the rise or being successfully fought more often since 1993. The number of charges of discrimination and harassment brought before the U.S. Equal Employment Opportunity Commission (EEOC) and won by the plaintiff rose 84% between 1993 and 2001. The trend is clear. Nearly twice as many employees are winning employment discrimination cases in 2001 than did in 1993.

The upward trend holds for all categories of discrimination, although some categories have experienced greater percentage increase than others. The table to the left lists the percentage increase in charges brought and resolved in favor of the plaintiff, by category.

It should be noted that 1993 was the first full year in which charges based on disability were filed. Since resolutions lag filings by an average of one year, much of the increase in this category may be explained as the result of newness in this area of employment discrimination law. However, this alone does not explain everything. The category has seen steady growth throughout the period. The change from 1996 to 2001 was a respectable 103%.

Most of the preceding panels on the subject have addressed discrimination case filings, or cases found to be based on a "reasonable cause" to believe that discrimination has occurred. This panel looks at the most decisive cases, those for which the EEOC made a ruling that discrimination had taken place and that some remedy was due the employee making the charge.

The rate of meritorious case resolutions is rising steadily. This is true for all categories of discrimination including those for which the number of cases filed has dropped during the period. The area of workplace discrimination law is very active.

The EEOC is busy processing charges. Labor lawyers are busy representing employees and employers. Employers are busy trying to implement new employment policies that will protect both the employee from discriminatory and harassing actions as well as the employer from liability for the harmful acts of individuals within its employ. If attention to the problem of workplace discrimination and harassment is part of what is needed to reduce the number of cases experienced, then we can be optimistic that progress is being made.

Our final panel on this subject will look at the monetary awards that are being won by the plaintiffs of successfully made charges.

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