The Equal Employment Opportunity Commission (EEOC) has been celebrating its own birthday this year, marking its 50th anniversary. In August, the EEOC published “American Experiences Versus American Expectations,” a report documenting changes in employee demographics since 1965 and using data through 2013 as an update to a 1977 report titled “Black Experiences Versus Black Expectations.” 
The full report, available on the EEOC website, details a number of changes over nine job categories for women, African Americans, Hispanics, Asian Americans, and American Indians/Alaskan Natives. Drawing on decades of data from mandatory EEO-1 filings, “American Experiences Versus American Expectations” reports that participation of women in the “professionals” category, which was 14 percent in 1966, had increased to more than 53 percent by 2013. Moreover, there have been significant percentage increases for African Americans, Hispanics, and Asian Americans in senior-level positions. However, the report also shows that there are still heavy concentrations of minorities in lower-paying positions. The full report may be accessed at www.eeoc.gov/eeoc/statistics/reports/american_experiences/index.cfm.
The EEOC is also recognizing the 25th anniversary of the Americans with Disabilities Act (ADA). The EEOC reports that last year it received more than 25,000 charges of disability discrimination, and ADA claims make up approximately one-third of the agency’s litigation docket.
Finally, as a follow-up to our recent report on the U.S. Supreme Court’s decision in EEOC v. Abercrombie & Fitch Stores, Inc., we should note that the EEOC issued a press release on July 20, 2015, stating that the case, which had been sent back to the federal appeals court, had been dismissed after a settlement. According to the EEOC, the employer agreed to pay $25,670 in damages and $18,983 in court costs. However, it appears that the EEOC may have later removed the press release from its website.
A search for additional information in the EEOC press releases on the website shows that Abercrombie & Fitch actually settled two earlier religious discrimination claims filed with the EEOC in 2013 by paying $71,000 and agreeing to change its religious accommodation and hiring policies. The two earlier claims also involved Muslim women (Umme-Hani Khan and Halla Banafa); the well-publicized Supreme Court decision from earlier this year involving Samantha Elauf, which was also ongoing in 2013, was not part of the settlement.
Christopher J. Pyles is an attorney with Sulloway & Hollis, P.L.L.C.. He may be contacted at cpyles@sulloway.com.