Record Numbers of Discrimination Claims Filed in 2010 According to EEOC
The latest figures released from the U.S. Equal Employment Opportunity Commission show no slowing in the number of discrimination claims being filed. Just released figures for 2010 show a 7% increase over 2009 and a whopping 21% increase from 2007.
Why the record numbers of discrimination complaints?
Most experts agree that it is a sign of the poor economy. When times are good, people feeling unhappy about the conduct of a co-worker or supervisor simply find another job. In this economy, leaving one's job is often not an option. Those that have been terminated or passed over for a promotion are also more likely to complain if they believe the reason was discrimination.
As the number of discrimination claims continues to rise, so does the investigative staff at EEOC. Along with increased staffing comes additional outreach. Suprisingly, many people do not know what forms of discrimination are illegal. Increased education often leads to more claims.
In the initial stages of the economic downturn, the largest spike in discrimination complaints came from older workers. Federal and most states protect workers age 40 and older. Some companies laid off long term employees, who tend to be older and made more money, and replaced them with younger workers for less pay. Older people often have a difficult time finding new work as many employers perceive younger workers as being more energetic and providing a more youthful appearance to the business.
The most recent statistics reveal that the big increases are now coming from retaliation claims and disability discrimination claims. In fact, there were more retaliation claims filed last year than racial discrimination claims, a first since the EEOC was created in 1965. Retaliation cases are often more easier to prove. Juries tend to closely scrutinize employers who fire someone shortly after that person makes a discrimination claim.
Federal and state law protect workers who stand up in the workplace and oppose discrimination. Retaliating against a worker who complains internally or to the EEOC or Wisconsin Equal Rights Division is itself illegal.
Workers who feel they have been the victims of discrimination or retaliation should seek legal assistance. Many attorneys will accept discrimination cases on a contingent fee basis meaning no legal fee is due unless the case is won.
Federal and state laws protect employees from racial religious, age, gender and disability discrimination. Many states have additional protections for arrest record, criminal conviction, sexual orientation and other forms of discrimination as well. These laws include protection from sexual harassment.
About the Author
Brian Mahany is a lawyer at the Milwaukee, Wisconsin law firm of Mahany & Ertl. He and his team of Wisconsin discrimination lawyers assists victims of illegal discrimination and sexual harassment. Brian can be reached through his firm's website, http://www.wisconsindiscriminationlawyer.com Comments are welcome and appreciated.
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