The EEOC received 99,947 charges of discrimination in 2011 and has increased its focus on cases of alleged “systemic discrimination.” More after the break.
The EEOC’s press release about 2011 results can be found here and their 2011 Performance and Accountability Report can be found here. Fox News has a story here.
The agency notes that “In FY 2011, the EEOC secured more than $364.6 million in monetary benefits through its private sector administrative enforcement activities, the highest level of monetary relief ever obtained by the Commission through the administrative process. This is $45 million more than was recovered in FY 2010. Overall, the agency secured both monetary and non-monetary benefits for more than 19,570 people through administrative enforcement activities – mediation, settlements, conciliations and withdrawals with benefits.”
The agency has also continued its focus on eliminating “systemic discrimination” through aggressive enforcement in that area. The report highlights the following significant resolutions of cases of alleged “systemic discrimination”:
EEOC v. Verizon Maryland, Inc., et al. – In this nationwide ADA suit, the EEOC alleged that Verizon unlawfully denied reasonable accommodations to hundreds of employees with disabilities, and disciplined or fired them pursuant to inflexible attendance policies that did not provide accommodation for disability-related absences. A three-year consent decree provided a $20 million fund to compensate approximately 800 victims, and represents the largest disability discrimination settlement in a single lawsuit in EEOC history. The decree also requires the company to revise its attendance plans and ADA policy to include reasonable accommodations for persons with disabilities.
EEOC v. Roadway Express, Inc. – In this series of cases filed in Illinois against a trucking firm, the EEOC alleged that the firm gave black employees at several Chicago-area facilities inferior work assignments and subjected them to harsher discipline and harassment based on their race, including multiple incidents of hangman’s nooses and racist graffiti and cartoons. A consent decree provides $10 million to 259 victims and requires the development of new anti-harassment policies and specific recordkeeping and complaint reporting procedures. The decree also requires the firm to retain consultants to examine the company’s discipline and work assignment procedures and recommend changes to prevent racial disparities.
EEOC v. International Profit Association– In a widespread sexual harassment case, the EEOC alleged that a telemarketing firm in Illinois systemically subjected female employees to sexual assaults and propositions, inappropriate touching, and crude sexual comments. The court agreed with the EEOC that the firm’s conduct constituted a pattern or practice of discrimination, meaning that the harassment was so pervasive that it was the firm’s standard operating procedure. A consent decree provides $8 million to 82 victims.
EEOC v. Scrub Inc.– In a major hiring discrimination case, the EEOC alleged that a janitorial services company at Chicago’s O’Hare Airport refused to hire black applicants based on their race. A consent decree provides $3 million to 539 victims, mandates the hiring of certain claimants who still want jobs, and requires the firm to use its best efforts to reach certain hiring goals.
EEOC v. 3M Company– In this nationwide age discrimination lawsuit, the EEOC charged that 3M unlawfully laid off hundreds of employees over the age of 45 during a series of reductions in force. The EEOC also asserted that older employees were denied leadership training and laid off to make way for younger leaders. A three-year consent decree provides $3 million to approximately 290 former employees. In addition, 3M will implement a review process for termination decisions and training on how to prevent age bias. The company will also post openings for positions it had not advertised previously, to enable older employees to apply.
EEOC v. AKAL Security– In a nationwide pregnancy discrimination case filed in Kansas, the EEOC alleged that a security services firm engaged in a pattern or practice of forcing its pregnant employees, working as contract security guards on U.S. Army bases, to take leave and then discharging them because of pregnancy. A consent decree provides $1.6 million to 26 female security guards.
EEOC v. Denny’s Inc.– In this nationwide ADA suit filed in Maryland, the Commission challenged the restaurant’s maintenance of a maximum medical leave policy that automatically denied additional medical leave beyond a pre-determined limit. A consent decree provides $1.3 million to 34 victims and provides substantial programmatic relief, including changes to the medical leave policy, a corporate-level oversight and auditing process for leave decisions, and reporting to the EEOC.
