According to newly released statistics from the Equal Employment Opportunity Commission (EEOC), the state in which the most administrative charges were filed in fiscal year (FY) 2014 was Texas, which had more than 8,000. Where did your state rank? 
Discrimination by the numbers
In February, the EEOC released enforcement and litigation data for FY 2014, which encompassed the fiscal year running from October 1, 2013, to September 30, 2014. There were 88,778 charges filed, representing a slight decrease from recent years. Don’t look for a silver lining, though; the EEOC attributes the decrease to the government shutdown that took place in the first part of the reporting year, not to fewer claims being made.
Perhaps most notable, charges alleging retaliation accounted for almost 43% of the claims made. Race discrimination was the second most common allegation, constituting approximately 35% of EEOC charges, with claims based on sex, disability, and age accounting for 29%, 28%, and 23% of charges, respectively. The 10 state with the largest number of charges were:
- Texas (8,035)
- Florida (7,528)
- California (6,363)
- Georgia (4,820)
- Illinois (4,487)
- Pennsylvania (4,045)
- North Carolina (4,017)
- New York (3,611)
- Tennessee (3,221)
- Virginia (3,051)
The 10 states with the least amount of charges were:
- Montana (25)
- Maine (34)
- Vermont (40)
- Nebraska (56)
- Rhode Island (57)
- New Hampshire (64)
- Idaho (67)
- Wyoming (69)
- South Dakota (72)
- Alaska (77)
EEOC enforcement sometimes fails
Although the EEOC continues to receive a significant number of charges every year and has been aggressively pursuing systemic enforcement, its enforcement efforts are not always successful. In late February, the U.S. 4th Circuit Court of Appeals affirmed a ruling in favor of an employer in EEOC v. Freeman after the agency challenged its use of criminal background and credit history checks during the hiring process. The EEOC argued that criminal background checks had a disparate impact on African-American and male applicants and that credit checks had a disparate impact on African-American job applicants.
In affirming the lower court’s decision, the 4th Circuit made pointed reference to the trial court’s exclusion of the EEOC’s expert reports and finding of a “mind boggling” number of errors and discrepancies. In a concurring opinion, one of the 4th Circuit’s judges characterized the EEOC’s actions as “disappointing litigation conduct.” While the comment was certainly an indictment of the agency’s trial preparation, the appellate court never reached the issue of whether the company’s background check process was lawful.
Bottom line
Employers should continue to handle discrimination claims very carefully, recognizing that retaliation claims represent the fastest-growing category of charges.
Christopher J. Pyles is an attorney with Sulloway & Hollis, P.L.L.C. He may be contacted at cpyles@sulloway.com.