Two Out of Three Discrimination Charges Resolved By the EEOC in 2011 Were Meritless

Minnesota recently reported that the EEOC received an all-time high number of 99,947 charges of employment discrimination in its Fiscal Year 2011.  In the same year, the EEOC resolved an all-time high number of 112,499 discrimination charges.

The EEOC’s statistics show the vast majority of the cases resolved by the EEOC in 2011 were baseless.  The EEOC’s statistics show that 74,198, or 66%, of the cases resolved by the EEOC in 2011 resulted in a finding of no reasonable cause to believe that discrimination occurred.  That number is higher than the number of no reasonable cause determinations from the EEOC in any previous year – both in terms of the overall number of no reasonable cause determinations and in terms of the percentage of all charges resolved.

Takeaways:  In some cases, a frivolous charge of discrimination can be just as expensive to defend against as a valid charge of discrimination.  While an employer cannot prevent employees from filing unsupported charges with the EEOC, having good HR practices in place should help an employer get a charge of discrimination dismissed quicker and cheaper.

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on March 21, 2012, in Discrimination and Harassment and tagged . Bookmark the permalink. Leave a comment.

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