EEOC Bias Complaints Surge
If the first few months
of fiscal year 2008 are any indication of a trend, then
the record number of charge filings with the EEOC could
be shattered—and could make the 2007 increase look like
a drop in the bucket.
During the first quarter of the EEOC's 2008 fiscal year
the number of filings jumped 21 percent from the
previous year. In February 2008 (the latest statistics
available), the number increased 31 percent from 12
months earlier—from approximately 30,000 filings to
slightly more than 40,000.
The reasons for the
increase in filings are multifaceted, and it would be a
mistake to focus on just one cause, including, but not
limited to, people being more aware of their rights,
economic conditions, and increased diversity and demographic
shifts in the labor force.
Improving public access
and increasing awareness has been a key strategic goal
of the agency for several years. A part of that goal
was to outsource and develop a National Contact Center
in 2006. The EEOC contracted with a private vendor to
field calls and questions about employment-related
discrimination complaints.
Pierre says that the
contact center did increase public access, which most
likely contributed to the 9 percent increase in charge
filings in 2007. Before the contact center opened,
incoming calls were routed to the EEOC regional offices,
and the call volume nearly overwhelmed the agency's
staff.
The outsourced contact
center became the center of controversy when several of
the agency's commissioners questioned the center's
efficiency and the reasons for outsourcing call
operations. On Dec. 19, 2007, the EEOC cancelled the
call center contract and decided to bring the center's
operations in-house.
Because the EEOC staff
was not prepared to handle the call volume when the
contact center shut down, the agency placed a
questionnaire or assessment system online on
Dec. 20, 2007. The assessment system was adapted from
an intake questionnaire that the now-defunct outsourced
call center began sending out in December 2006. Any
person who visits the EEOC web site and is interested in
filing a discrimination complaint is now directed to the
online system.
"The online assessment
system should help reduce the number of phone calls the
EEOC receives, and it makes it much easier for someone
to make initial contact and begin the process of filing
a discrimination complaint," said Pierre.
EEOC officials are
careful to point out that filling out an assessment form
does not constitute a formal charge under the agency's
rules. The questionnaire merely gives the agency a tool
to assess whether more information should be gathered
before a formal charge can be filed.
The charge-to-inquiry
rate was 55 percent in fiscal 2007 compared to 43
percent in 2006. EEOC officials say that an increase of
inquiries received in 2007 coupled with the rise in the
percentage of inquiries becoming formal charges did
contribute to the 9 percent jump in charge filings for
2007.
Other Theories
Several sources familiar
with the issue say that the recent Supreme Court ruling
in Federal Express Corp. v. Holowecki is also
driving the increase by clarifying the time frame for
charge filings and what constitutes a charge.
"The Holowecki case is
definitely having an effect on the number of charge
filings being made with the EEOC," said Don Livingston,
an attorney with the Washington, D.C., law firm of Akin
Gump and a former general counsel of the EEOC. "I think
the evidence is pretty clear in the number of charge
filings in 2007, and it should continue in 2008."
EEOC officials don’t agree with Livingston’s
contention and claim that several different issues are
affecting the increase in the charge-to-inquiry rates
such as better information gathering and improved
communications with people who make the inquiries.
These improved
communications procedures could be the direct result of
the court case, according to Livingston and other
sources, who said they believe the agency is looking to
prevent further legal troubles.
EEOC officials admit
that the agency's information gathering capabilities
were greatly enhanced after opening the in-house call
center on March 17, 2008. From December 2007 to March
2008, the agency was fielding calls through its regional
offices while preparing to open the call center by
hiring and training 61 people.
"The in-house contact
center is working well, and we will keep working to
smooth out any problems and make the system better and
more accessible to those who need and want the EEOC's
help," Pierre said.
Employer Role Is
Debated
Judging from the
response to the online assessment form and the growing
number of calls the center receives, it appears that the EEOC outreach is working. Still the uptick in
discrimination complaints in 2007 did grab attention and
headlines and was the highest volume of incoming charges
since 2002. Naomi Earp, chair of the commission,
expressed concern over the increase and urged employers
to examine their hiring and firing practices.
"Corporate America needs
to do a better job of proactively preventing
discrimination and addressing complaints promptly and
effectively," Earp said. "To ensure that equality of
opportunity becomes a reality in the 21st century
workplace, employers need to place a premium on
fostering inclusive and discrimination-free work
environments for all individuals."
While the improvements
to public access by opening new communication channels
appear to have had an impact on charge filings, causes
for the jump such as the economic downturn and the
cyclical nature of the U.S. labor market have been
considered, as well. However EEOC officials and sources
familiar with the issue said they don’t believe that the
spike in discrimination complaints stems from a sudden
outbreak of bad practices and bad behavior from U.S.
employers.
"I don't think we're
facing an epidemic of employers suddenly doing the wrong
thing and discriminating against workers," said Rae
Vann, general counsel for the Equal Employment Advisory
Council. "Most employers want to do the right thing. I
do believe we are seeing the combined effects of poor
economic conditions and the improved outreach and
communication efforts by the EEOC."
Still the rising number of complaints is troubling to
Vann and other sources. "I think it does show that
while we have made strides for equal employment
opportunities in this country, we still have a lot of
work to ensure that the workplace rights of all
Americans are protected and observed," Vann said.
