According to EEOC information released on January 11,
2011, there were a record number of discrimination filings in the fiscal year
that ended September 30, 2010. The number of filings approached 100,000, as
economic challenges and high levels of unemployment boosted the number of
The EEOC's January 11 press release can be found here.
The EEOC's Enforcement and Litigation Statistics can be found here.
During the 2010 fiscal year, there were a total 99,922
charges filed, which represents an increase of about 7% over the number of
filings in the 2009 fiscal year, and an increase of about 4.7% over the 2008
fiscal which previously had had the highest annual number of EEOC filings. The
FY 2010 filings represent a 21% increase over FY 2007.
In the 2010 fiscal year filings, all major categories of
charges increased (race, sex, national origin, religion, retaliation [all
statutes], age, disability and equal pay act). During 2010, retaliation under
all statutes was the most frequently alleged charge, for the first time
exceeding race as the most frequent charge. Since the EEOC become operational
in 1965 race consistently had been the most frequently alleged charge.
In addition to retaliation charges, another category of
charges that has grown rapidly in recent years are charges of discrimination
based on disability. There were 25,165 disability discrimination charges in
fiscal 2010, which represents an increase of over 17% from fiscal year 2009 and
an increase of nearly 42% over fiscal year 2007.
During the FY 2010, the EEOC filed 250 lawsuits, resolved
285 lawsuits and resolved over 104,000 private sector charges. According to its
press release, the EEOC "secured more than $404 million in monetary
benefits from employers" - the highest level of monetary relief ever
obtained by the Commission through the administrative process.
A January 12, 2011 Wall Street Journal article describing
the statistics can be found here.
An Economix blog post discussion the question of whether these figures are the
result of an increase in discrimination can be found here.
other items of interest from the world of directors & officers liability,
with occasional commentary, at the D&O Diary, a blog by Kevin LaCroix.