EVALUATION OF EEOC’S
2020 Enforcement and Litigation Statistics By TAYLOR FLAKE LAWSON
T
he United States Equal Employment Opportunity Commission (EEOC) released its Enforcement and Litigation Statistics and Agency Financial Report for Fiscal Year (FY) 2020 (ending September 30, 2020) earlier in 2021. FY 2020’s data continued in a similar trend as that of FY 2019, with retaliation being the highest percentage of charges filed and with a continual decrease in the total amount of charges filed. In FY 2020, 67,448 claims of wrongdoing were filed. Note that the percentages add up to more than 100 % because some charges allege multiple bases. The breakdown of the 67,488 charges filed is as follows: Charge
# of Charges Filed
% of all Charges Filed
Retaliation
37,632
55.8%
Disability
24,324
36.1 %
Race
22, 064
32.7%
Sex
21, 398
31.7%
Age
14,183
21%
National Origin
6,377
9.5%
Color
3,562
5.3%
Religion
2,404
3.6%
Equal Pay Act
980
1.5%
Genetic Information
440
0.7%
By fiscal year end, the EEOC had resolved 70,804 total charges on its rolls, reducing its inventory of pending charges by 3.7%. By resolving 70,804 charges in FY 2020, the EEOC increased its merit factor resolution rate to 17.4 percent, up from 15.6 percent in FY 2019. Merit resolutions refer to charges that are resolved using the agency’s administrative process in favor of the person that filed the charge. The EEOC also began its Mediation Pilot Program during FY 2020. During the pilot program, the EEOC conducted 9,036 mediations. Roughly two-thirds of those mediations (6,272) resulted in successful resolution of claims, suggesting the pilot program was a worthwhile endeavor. The EEOC has implemented an agency-wide mediation program since 1999. Through that program, the EEOC has conducted over 240,000 mediations, with 170,000 of the mediations resulting in a resolution. The Mediation Pilot Program increased the opportunities for parties to resolve charges during an investigation. The Mediation Pilot Program began 18
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on July 6, 2020, and expanded the categories of charges eligible for mediation. The Program also incorporated the use of technology, which allowed participants to use video technology to hold virtual mediations. Previously, mediation participants were only able to participate over audio-only conferences. Program participants preferred the additional use of technology, leading many to believe that video mediations will continue. As a result of these resolutions, the EEOC secured $439.2 million for victims of discrimination in the private sector and state and local government workplaces. Of that $439.2 million, $333.2 million was secured through voluntary resolutions like mediation, conciliation, and settlements. $106 million was secured through litigation. During FY 2020, the EEOC secured the highest amount of money for employees who allege discrimination in the past sixteen years.
FY 2020 Compared to 2019 FY 2020 data brought about interesting changes and trends. One trend in particular, which has continued since FY 2016, is a decrease in the total number of charges filed. 67,488 complaints were filed in FY 2020, compared to 72,675 filed in FY 2019. Though the total charges filed decreased, retaliation remained at the top of the list in FY 2019, and FY 2020, accounting for 37,632 charges filed (55.8% of all charges). The number of sex discrimination charges filed also made an interesting change. In FY 2020, there were 21,398 charges filed involving claims of sex discrimination under Title VII. The number of charges filed was a 9% decrease from FY 2019. 1,857 of the charges filed involved discrimination based on LGBT status. Additionally, settlements for sex discrimination claims reached an all-time high of 9.5 percent of claims settled. The category of sex discrimination is a category for employers to give greater attention, given the United States Supreme Court’s ruling in Bostock v. Clayton County, which held that an employer who terminates an employee because they are gay or bisexual violates Title VII of the Civil Rights Act of 1964. This new ruling is expected to impact the number of charges filed and the potential resolutions of the charges filed. Charges filed in the disability category increased significantly, accounting for 36.1 percent of all charges filed in FY 2020 (versus 33.4 percent of total charges in FY 2019). The two highest categories of impairments of those disability claims filed in FY 2020 involved anxiety disorders at 9.8 percent and depression
