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EEOC Issues Fiscal Year 2015 Performance Report (Nov. 2015)

WASHINGTON- The U.S. Equal Employment Opportunity Commission (EEOC) achieved record results in its enforcement efforts during fiscal year 2015, which ended Sept. 30, the agency reported in its annual Performance and Accountability Report published today.

“In this 50th anniversary year of the Commission, we recognize the progress we have made and the challenges we have ahead,” said EEOC Chair Jenny R. Yang. “This is a pivotal moment to renew our national commitment to combating discrimination. There is a growing awareness-across racial and ethnic lines-that we must do more as a country to address issues of equality. As we look ahead to the challenges that remain, our country must continue to invest the resources necessary to fulfill the promise of equal employment opportunity.”

Significant agency accomplishments in fiscal year 2015 include the following.

EEOC secured more than $525 million for victims of discrimination in private, state and local government, and federal workplaces. This included $356.6 million for victims of employment discrimination in private sector and state and local government workplaces through mediation, conciliation, and settlements; $65.3 million for charging parties through litigation; and $105.7 million for federal employees and applicants. Importantly, in each of these categories, the agency obtained substantial changes to discriminatory practices to remedy violations of equal employment opportunity laws and prevent future discriminatory conduct in the workplace.

Systemic cases address patterns or practices of discrimination or policies that have a broad impact on a region, industry, or a group of employees or job applicants. In fiscal year 2015, EEOC resolved 268 systemic investigations before filing litigation, obtaining more than $33.5 million in remedies. In litigation, EEOC resolved 26 systemic cases, six of which included at least 50 victims of discrimination and 13 that included at least 20 victims.

The agency’s outreach programs reached 336,855 people during the year through participation in 3,700 no-cost educational, training and outreach events. EEOC’s national Training Institute trained over 12,000 individuals at more than 140 events that focused on the agency’s Strategic Enforcement Plan (SEP) priorities, including small businesses, vulnerable workers, underserved geographic areas and communities, and emphasized new statutory responsibilities, issues related to migrant workers, human trafficking and youth.

EEOC achieved record success in its conciliation of private-sector charges, with 44 percent of conciliations successfully resolved and 64 percent of systemic investigations resulting in voluntary resolutions. These achievements helped EEOC better managed its charge workload, leading to a 6 percent increase in charge resolutions, even as workers filed more charges of discrimination compared to fiscal year 2014. EEOC resolved 92,641charges and received 89,385 charges in fiscal year 2015.

EEOC filed 142 lawsuits alleging discrimination during fiscal year 2015. This included 100 individual suits and 42 suits involving multiple victims or discriminatory policies (versus discriminatory treatment), of which 16 were systemic suits. Legal staff resolved 155 lawsuits alleging discrimination. At the end of the fiscal year, EEOC had 218 cases on its active docket, of which 48 (22 percent) involved challenges to systemic discrimination and 40 (18 percent) were multiple-victim cases.

In our federal sector program, the agency resolved 6,360 hearings complaints and secured more than $94.9 million in relief for federal employees. EEOC also resolved 3,850 appeals of agency decisions on federal sector complaints, including 42.4 percent of them within 180 days of receipt, and secured more than $10.7 million in relief.

In fiscal year 2015, EEOC continued to implement its Strategic Plan for Fiscal Years 2012-2016, which the Office of Management and Budget authorized the Commission to extend through fiscal year 2018, and the related SEP.

EEOC’s fiscal year 2015 Performance and Accountability Report is posted on the agency’s web site at http://www.eeoc.gov/eeoc/plan/upload/2015par.pdf (pdf version). Comprehensive enforcement and litigation statistics for fiscal year 2015 will be available on the agency’s website in the near future.

EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site www.eeoc.gov.

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Evolution of sexual harassment law

Workplace

In the US, the Civil Rights Act of 1964 prohibits employment discrimination based on race, sex, color, national origin or religion. Initially only intended to combat sexual harassment of women, {42 U.S.C. § 2000e-2} the prohibition of sex discrimination covers both females and males. This discrimination occurs when the sex of the worker is made as a condition of employment (i.e. all female waitpersons or male carpenters) or where this is a job requirement that does not mention sex but ends up preventing many more persons of one sex than the other from the job (such as height and weight limits). This act only applies to employers with 15 or more employees.

Barnes v. Train (1974) is commonly viewed as the first sexual harassment case in America, even though the term "sexual harassment" was not used. The term "sexual harassment" was coined and popularized by Lin Farley in 1975, based on a pattern she recognized during a 1974 Cornell University class she taught on women and work. In 1976, Williams v. Saxbe established sexual harassment as a form of sex discrimination when sexual advances by a male supervisor towards a female employee, if proven, would be deemed an artificial barrier to employment placed before one gender and not another. In 1980 the Equal Employment Opportunity Commission (EEOC) issued regulations defining sexual harassment and stating it was a form of sex discrimination prohibited by the Civil Rights Act of 1964. In the 1986 case of Meritor Savings Bank v. Vinson, the Supreme Court first recognized "sexual harassment" as a violation of Title VII, established the standards for analyzing whether the conduct was welcome and levels of employer liability, and that speech or conduct in itself can create a "hostile environment". The Civil Rights Act of 1991 added provisions to Title VII protections including expanding the rights of women to sue and collect compensatory and punitive damages for sexual discrimination or harassment, and the case of Ellison v. Brady resulted in rejecting the reasonable person standard in favor of the "reasonable woman standard" which allowed for cases to be analyzed from the perspective of the complainant and not the defendant. Also in 1991, Jenson v. Eveleth Taconite Co. became the first sexual harassment case to be given class action status paving the way for others. Seven years later, in 1998, through that same case, new precedents were established that increased the limits on the "discovery" process in sexual harassment cases, that then allowed psychological injuries from the litigation process to be included in assessing damages awards. In the same year, the courts concluded in Faragher v. City of Boca Raton, Florida, and Burlington v. Ellerth, that employers are liable for harassment by their employees. Moreover, Oncale v. Sundowner Offshore Services set the precedent for same-sex harassment, and sexual harassment without motivation of "sexual desire", stating that any discrimination based on sex is actionable so long as it places the victim in an objectively disadvantageous working condition, regardless of the gender of either the victim, or the harasser.

In the 2006 case of Burlington Northern & Santa Fe Railway Co. v. White, the standard for retaliation against a sexual harassment complainant was revised to include any adverse employment decision or treatment that would be likely to dissuade a "reasonable worker" from making or supporting a charge of discrimination.

During 2007 alone, the U.S. Equal Employment Opportunity Commission and related state agencies received 12,510 new charges of sexual harassment on the job.

From 2010 to 2013, the sexual harassment claims filed by male employees in the United States have tripled, even though the total number of cases filed went down by 3%. Male employees stated that 59% of their harassers were female and 41% reported their harasser as male.