EEOC Releases Fiscal Year 2020 Enforcement and Litigation Data

Retaliation remains the most frequently filed charge according to the U.S. Equal Employment Opportunity Commission’s (EEOC) breakdown of 67,448 total workplace discrimination charges the agency received in the fiscal year 2020. The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ­ment discrimination. The statistics for FY 2020, which ended on September 30, 2020, are posted on the agency’s website.

The top 5 charges in descending order by bases alleged are:

• Retaliation: 37,632 (55.8 percent of all charges filed)
• Disability: 24,324 (36.1 percent)
• Race: 22,064 (32.7 percent)
• Sex: 21,398 (31.7 percent)
• Age: 14,183 (21.0 percent)

Percentages add up to more than 100% because some charges allege multiple bases.

Texas and Florida had the most charges filed with the EEOC again last year.

The top 5 states in descending order are:

• Texas: 6,876 (10.2 percent of all charges filed)
• Florida: 5,868 (8.7 percent)
• Pennsylvania: 4,599 (6.8 percent)
• California: 4,130 (6.1 percent)
• Georgia: 4,025 (6.0 percent)

While total charges (67,448) dropped in FY 2020 compared to the 72,675 charges filed in FY 2019, there was an increase in recovery by the EEOC. The Agency recovered $333.2 million in pre-litigation settlements and $106 million in litigation in 2020. In 2019, the EEOC recovered in total just $39.1 million, nearly three times less than in 2020.

Discrimination in the workplace continues to cost employers millions of dollars every year. Do you know what you can do to limit your exposure as a company? Click here to learn how FrankCrum can assist you with managing your employment risk.