The Equal Employment Opportunity Commission (EEOC) has made available on its website various data tables containing the agency’s discrimination charge and litigation statistics for fiscal year 2012. Overall, the EEOC received 99,412 private sector charges of discrimination between October 1, 2011 and September 30, 2012, down slightly from the 99,947 charges it received the prior fiscal year. The agency also filed fewer lawsuits in 2012 – 122 in 2012 compared to 261 in 2011 – and also resolved fewer cases – 254 in 2012 compared to 276 in 2011. The lawsuit resolutions in 2012 resulted in a total monetary recovery of $44.2 million, down from the $91 million obtained in the prior year.
The online tables include charts of the total number of discrimination charges filed and resolved under all of the statutes enforced by the EEOC, including Title VII of the Civil Rights Act; the Age Discrimination in Employment Act (ADEA); the Americans with Disabilities Act (ADA); the Equal Pay Act (EPA); and the Genetic Information Nondiscrimination Act (GINA). Another table details the litigation statistics for FY 1997 through 2012. New this year are (a) tables specifying the types of discriminatory issues (i.e., constructive discharge, prohibited medical inquiry/exam, breach of confidentiality) employees alleged under each statute; (b) separate tables providing a detailed breakdown of the impairments/bases for claims filed under the ADA by charges received, resolutions, and merit factor resolutions; and (c) tables providing information on separate claims of sex harassment, harassment generally, and pregnancy discrimination.
Notable findings gleaned from this data include the following:
- The most prevalent charges filed with the EEOC in 2012 alleged retaliation (37,836 charges, representing 38.1% of all claims); race discrimination (33,512 charges; 33.7% of all claims) and sex discrimination (30,356 charges, 30.5% of all claims). The claims alleging sex discrimination included allegations involving sexual harassment and pregnancy discrimination. Equal Pay Act claims (1,082 charges; 1.1% of all claims) and those alleging violations of GINA (280 charges; 0.3% of all claims) were the least common charges filed.
- The most common types of discriminatory actions alleged under all statutes were discharge, actions affecting the “terms and conditions” of employment, harassment, and discipline.
- The 122 lawsuits filed by the EEOC in 2012 included 86 individual suits, 26 multiple-victim suits (with fewer than 20 victims), and 10 systemic suits.
- With respect to monetary recover, the agency obtained $365.4 million – the largest amount on record – from private sector and state and local government employers through its administrative enforcement activities, which include mediation, settlements, conciliations, and withdrawals with benefits.
- With respect to systemic cases – those involving pattern or practice, policy, and/or class action-type cases involving allegations of discrimination that have a broad impact on an industry, business, or geographic area – the EEOC completed 240 systemic investigations. These investigations “in part resulted in 46 settlements or conciliation agreements” and $36.2 million in recovery without litigation.