The U.S. Equal Employment Opportunity Commission recently issued a report of charge activity in its fiscal year 2009, showing a near “record high” number of charges filed with the agency.  A total of 93,277 discrimination charges were filed with the EEOC in that year, the second highest level ever.  Of those charges, the EEOC states that the most frequent allegations concerned discrimination based on race (36%), retaliation (36%), and sex-based discrimination (30%).  However, charges alleging discrimination based on disability, religion and national origin also were filed at record high levels. The number of charges alleging age-based discrimination reached the second highest level ever.  

The EEOC observes that the “near-historic level” of charges may be due to the following factors: 

• greater accessibility of the EEOC to the public;
• economic conditions;
• increased diversity and demographic shifts in the labor force;
• employees’ greater awareness of their rights under the law; and 
• changes to the agency’s intake practices.  

According to the EEOC’s report, productivity of EEOC investigators increased in 2009, and administrative enforcement resulted in a record level of $294 million recovered for charging parties.  The report also states that the EEOC filed 281 new “merits” lawsuits and recovered more than $376 million in monetary relief for alleged victims of discrimination through its enforcement and litigation activity.    

Commenting on the data in the report, EEOC Acting Chairman Stuart J. Ishimaru stated that “the Commission’s work is far from finished . . . .”  A robust enforcement agenda is reflected in the EEOC’s new budget just submitted to Congress.  The EEOC seeks a budget of $385,303,000 for fiscal year 2011, which constitutes an increase of $18 million from the fiscal year 2010 appropriation. The EEOC states that “these additional resources are vital to increase hiring to improve enforcement initiatives, reduce the backlog, target systemic litigation, and reinvigorate Federal Sector enforcement.”  

These reports indicate that the EEOC is aggressively pursing record numbers of charges being filed against employers.  With enormous financial resources and a growing budget, the EEOC’s declared intention to “fight for the rights” of employees is ramping up.  With respect to their investigation of charges, EEOC investigators are seeking the employer’s response more quickly and are digging deeper into the employer’s business explanations and defenses.  Employers should expect to be vigorously challenged by the EEOC when responding to a charge or defending against a law suit; therefore, proactive attention to good employment practices and policies is more important than ever.  Timely review of these practices, in consultation with employment counsel, is critical to compliance with the laws that the EEOC enforces.