EEOC Stats Include New Table: Charges by Employment Action

News Updates

For the first time, the U.S. Equal Employment Opportunity Commission (EEOC) has released a table indicating the type of discriminatory action alleged by statute, and it is a treasure trove of information.

Unsurprisingly, discharge claims led the pack under the three main EEO laws—Title VII, the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA).

But there were some interesting differences in the Jan. 28, 2013, agency statistics between the frequency of charges by employment action among the three statutes. And for the seventh consecutive year, ADA charges rose.

Title VII

Most EEO claims still arise under Title VII, which prohibits discrimination based on race, color, sex, national origin and religion. The EEOC received 33,512 race discrimination charges in 2012, 31,208 Title VII retaliation charges and 30,356 sex discrimination charges.

The most frequently challenged employment actions under Title VII for 2012 in order of frequency were:

  • Discharge: 36,408 charges.
  • Terms and conditions of employment: 18,686 charges.
  • Harassment (including sexual, race, national origin and religious harassment): 17,173 charges.
  • Discipline: 10,117 charges.
  • Sexual harassment: 7,571 charges.
  • Wages: 6,240 charges (one of the few main Title VII charge types to rise—up from 4,717 charges in 2011).
  • Promotion: 5,923 charges (up from 4,744 charges in 2011).
  • Constructive discharge: 4,267 charges.
  • Assignment: 3,718 charges.
  • Hiring: 4,084 charges (up from 3,843 charges in 2011).

ADA

Employment actions were challenged more frequently under the ADA, which for the second straight year had more charges than were brought under the ADEA (26,379 ADA charges in 2012 versus 22,857 ADEA charges; 25,742 ADA charges in 2011 versus 23,465 ADEA charges—a growing gap).

The top ADA charges by employment actions were:

  • Discharge: 23,098 charges (up from 21,888 charges in 2011 and 14,494 in 2010).
  • Reasonable accommodation: 13,263 charges (up from 12,426 in 2011 and 8,400 in 2010).
  • Terms and conditions of employment: 8,126 charges (up from 7,466 in 2011 and 4,800 in 2010).
  • Harassment: 7,180 charges (up from 6,834 in 2011 and 4,119 in 2010).
  • Discipline: 4,985 charges (up from 4,611 in 2011 and 3,039 in 2010).
  • Hiring: 2,187 charges (one of the few top ADA charges to drop, though not by much—down from 2,207 in 2011, but up from 1,386 in 2010).
  • Assignment: 1,676 charges (also down, from 1,738 in 2011, but up from 1,001 in 2010).
  • Constructive discharge: 1,587 charges (up from 1,551 in 2011 and 1,039 in 2010).
  • Suspension: 1,537 charges (up from 1,465 in 2011 and 916 in 2010).
  • Intimidation: 1,096 charges (up from 1,020 in 2011 and 670 in 2011).

ADEA

The order of ADEA charges by employment action resembled Title VII charges more than those under the ADA. Most of the top ADEA charges by employment action in 2012 weren’t as common as in 2010, but most also were more common than in 2011:

  • Discharge: 14,701 charges (down from 14,759 in 2011 and 14,885 in 2010).
  • Terms and conditions of employment: 6,211 charges (up from 5,853 in 2011, but down from 6,348 in 2010).
  • Harassment: 4,980 charges (up from 4,639 in 2011 and 4,777 in 2010).
  • Discipline: 3,453 charges (up from 3,330 in 2011, but down from 3,660 in 2010).
  • Hiring: 2,731 charges (up from 2,600 in 2011 and 2,191 in 2010).
  • Promotion: 1,798 charges (up from 1,654 in 2011 and 1,576 in 2010).
  • Assignment: 1,209 charges (down from 1,328 charges in 2011 and 1,281 in 2010).
  • Wages: 1,208 charges (down from 1,246 in 2011 and 1,355 in 2010).
  • Constructive discharge: 1,153 charges (up from 1,101 in 2011 and 1,136 in 2010).
  • Layoff (the only entry not to appear in the top Title VII and ADA lists): 1,054 charges (up from 1,016 in 2011, but down from 1,522 in 2010).

EPA and GINA

The number of Equal Pay Act (EPA) and Genetic Information Nondiscrimination Act (GINA) charges remains at a mere trickle compared to the number of charges under Title VII, the ADA and the ADEA, but both rose year over year. There were 1,082 EPA charges in 2012, up from 919 in 2011. And there were 280 GINA charges last year, up from 245.

 

Allen Smith, J.D., is manager, workplace law content, for SHRM.