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2020 EEOC Statistics – More Money and Fewer Charges

Client Alert

The U.S. Equal Employment Opportunity Commission (EEOC) released its comprehensive report on the workplace discrimination claims it received in Fiscal Year 2020. The Enforcement and Litigation Statistics provide detailed breakdowns of charges of employment discrimination and resolutions under a variety of statutes. Here are the highlights:

Total Charges Filed

The EEOC’s FY 2020 ended on September 30, 2020, and the total number of workplace discrimination charges filed with the EEOC dropped to 67,448. This was to be expected with the number of workplaces that shut down in 2020. Also, the increase in remote work in 2020 reduced the prospect of inappropriate interaction among employees. It was somewhat surprising that the total number of charges only dropped by 7% compared to FY 2019. Nearly every measure of labor-statistics showed a decrease of at least 10%-15% in workforce participation.  

Total Dollars Recovered

The EEOC recovered $106 million in FY 2020 through litigation. This exceeded the total litigation recovery in 2018 and 2019 combined. The previous 10-year average was approximately $53M/year. The $106M was the largest amount recovered by the EEOC since 2004. Again, this was somewhat surprising based upon the limitations on the legal system and the conservative administration in place. Outside of litigation, the FY 2020 monetary benefit recovered by the EEOC was $333.2 million. The total recovery of $439 million was the most in the past 20+ years.  

Claims of Interest

For the 18th year in a row, Retaliation claims continued to increase. Retaliation remains the most common type of charge filed with the EEOC. In FY 2020, Retaliation was part of 55.8% of all charges filed, an increase from 53.8%. If nothing else, this stresses the importance for all employers to educate their supervisors, managers, and employees on the strict prohibition against retaliatory conduct.

Disability Discrimination was the second most common claim, with 36.1% of all charges filed, an increase from 33.4%. This is likely due to the expansion of the definitions of a disability and the requirements on employers to engage in an interactive accommodation process.   

Genetic Information Nondiscrimination Act (GINA) claims increased by 110%, although they still make up around 1% of the total charges. This law is still in its relative infancy but may see another increase surrounding vaccination issues.

All other claims remained largely consistent. Race Discrimination modestly dropped to 32.7% of the charges from 33% in 2019. Although Color Discrimination increased to 5.3% of total charges from 4.7%. Sex Discrimination accounted for 31.7% of claims. Age Discrimination was included in 21% of claims. National Origin claims were approximately 9.5%. Religious Discrimination accounted for 3.6% of charges.

Employer Takeaway

In evaluating claims, the percentages will always add up to more than 100% because some/most charges allege multiple types of discrimination. 

It is important for employers to evaluate the types of charges as they create policies and educate their workforces. Too often, employers will focus only on sexual harassment training and policies and/or may include some discrimination training, but will overlook age discrimination, when those claims account for over 20% of the risk. The $439M recovered by the EEOC does not include any of the other litigation, arbitrations, informal resolutions, and severance packages that employers face in claims of discrimination and retaliation.

Obviously, the most significant risk to employers is a Retaliation claim. It accounts for the greatest number of claims, and results in the highest amount of damages and penalties. 

For additional information or to evaluate trainings, policies, and other risk mitigation measures, please contact Labor + Employment Law Member Jeffrey C. Miller, jcmiller@bmdllc.com or any member of the BMD Labor + Employment Team.


Community Banks: Collaboration, not isolation, is the key to protecting/ enhancing the cannabis business you pioneered

As we prepare for the plenary session of the informal institutional cannabis lenders community announced in my previous article, I am pleased to advise that participants now include 5 of the best-known dedicated loan funds; a select group of commercial banks ranging in size from single state community banks to mid-size regionals making cannabis loans into the mid-8 figures; and, a syndicator of credit union cannabis loans.

Inflation Reduction Act: Healthcare Provisions

On August 16, 2022, President Joe Biden signed into law the Inflation Reduction Act (the “Act”), a landmark climate, healthcare, and tax bill. Though the Act’s climate provisions have received most of the media attention, the healthcare aspects of the Act present some of the most significant changes to the American healthcare system since the passage of the Affordable Care Act.

The Current State of Assignment of Benefits Litigation in Florida

On May 25, 2022, Florida lawmakers approved property insurance reforms that remove attorney’s fees, with respect to assignment of benefits (“AOB”) property insurance litigation. One-way attorney’s fees are a longstanding problem in Florida and the reforms come at a time when AOB litigation increasingly affects homeowners in a negative way.

Proposed Community Revitalization Grants for Ohio Projects

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Ohio Senate Bill 225 Paves the Way for Greater Investment in Opportunity Zones and Historic Districts

Ohio Senate Bill 225 is poised to make dramatic enhancements to certain tax credit programs in Ohio, specifically those surrounding investments in “Opportunity Funds” and historic buildings. Signed into law by Governor Mike DeWine in June 2022, the Bill is positive news for real estate developers working to revitalize Ohio communities with investment and rehabilitation projects.