The EEOC marked its 45th anniversary on July 2. Created by the historic Civil Rights Act of 1964, the EEOC was founded to enforce Title VII of that Act, which prohibits discrimination in employment on the basis of race, color, religion, sex or national origin. On July 22, 2010 the EEOC will also celebrate the 20th anniversary of the passage of the Americans with Disabilities Act (ADA), which expanded employment opportunities for physically, emotionally and mentally disabled people. The EEOC will celebrate its anniversary in a series of events at its Washington DC headquarters and at its offices across the country. The first event is scheduled on Thursday, July 22 from 2:00 – 4:00pm EDT in the EEOC Training Center in Washington DC. A panel discussion will focus on the impact of the Americans with Disabilities Act on millions of Americans with disabilities in the workplace.
”EEOC Celebrates Its 45th Anniversary,” EEOC Press Release, 7/2/10.
The EEOC and CVS Caremark announced the signing of a National Universal Agreement to Mediate (NUAM) to informally resolve workplace disputes through Alternative Dispute Resolution (ADR) before an EEOC investigation or potential litigation occurs. The mediation partnership marks the 200th such national or regional agreement between the EEOC and a large employer (mainly Fortune 500 companies) and bolsters a multi-year trend of corporate America signing on to the EEOC’s widely acclaimed mediation program — one of the largest employment-related ADR programs of its kind nationwide, with approximately 12,000 mediations conducted annually. EEOC Press Release, 6/29/10.
The EEOC published a notice in the Federal Register on April 13, 2010 announcing it had submitted to the Office of Management and Budget (OMB) a request for a 90-day emergency extension of the EEO-1 without change to be effective after the current April 30, 2010 expiration date. A link to the FR notice is here.
David Lopez became the first General Counsel of the EEOC appointed from the ranks of field attorneys when he was sworn in April 8 by Judge William Canby, Ninth Circuit Court of Appeals Judge. Lopez was nominated by President Obama on October 22, 2009 and received a recess appointment on March 27, 2010. He will serve until the end of the Congressional session in 2011, absent confirmation by the Senate. Lopez began his career at the EEOC working for Chairman Gilbert Casellas as a Special Assistant. For the past 12 years, Lopez has served as a Senior Trial Attorney and a Supervisory Trial Attorney in EEOC’s Phoenix District Office where he has successfully litigated many high-profile cases on a wide variety of legal cases. In particular, Lopez was lead counsel in EEOC v. Alamo Rent-A-Car, a post-9/11 religious discrimination case, where a jury entered a verdict against Alamo. “P. David Lopez Sworn in as General Counsel of the EEOC,” EEOC Press Release, 4/8/10.
Jacqueline Berrien, former Associate Director-Counsel of the NAACP Legal Defense and Educational Fund was sworn in yesterday as the new Chair of the EEOC. She was nominated by President Obama on July 16, 2009. The President signed a recess appointment for her on March 27, 2010 which permits her to serve until the end of the Congressional session in 2011 unless she is confirmed by the Senate for a full term.
Chai Feldblum, former Georgetown University law professor, was sworn in yesterday as a Commissioner by Jacqueline Berrien, following her own swearing in as the new Chair. She was nominated by President Obama on September 15, 2009 and received a recess appointment on March 27, 2010. She will serve until the end of the Congressional session in 2011 absent confirmation by the Senate. Among her other professional accomplishments, Feldblum has been a leading scholar and public intellectual in the efforts to achieve equality for lesbians, gay men, bisexuals, and transgender people. She will be the first open lesbian to serve as a Commissioner of the EEOC.
Victoria Lipnic, who was also given a recess appointment, will be sworn in later in April. General Counsel P. David Lopez, another recess appointment is expected to be sworn in later today.
“Jacqueline A. Berrien Becomes Chair of the Equal Employment Opportunity Commission,” EEOC Press Release, 4/7/10. “Chai Feldblum Sworn in as a Commissioner of the Equal Employment Opportunity Commission,” EEOC Press Release, 4/7/10.
The EEOC has posted extensive new data on job patterns in the private sector, including 11 new aggregate data sets from the most recent EEO-1 survey. The data is posted on www.Data.gov. The purpose of Data.gov is to increase public access to high value, machine readable datasets generated by the Executive Branch of the Federal Government. This web site should prove a valuable source of data for the public. “EEOC Issues new Data on Job Patterns in Private Sector, EEOC Press Release, 2/5/10.
Contact patricia.schaeffer@eeoimpact.com should you have any questions.
The EEOC released a statement celebrating the one-year anniversary of the Lilly Ledbetter Fair Pay Act of 2009. President Obama signed the bill into law on January 29, 2009. The EEOC noted that in the year since the Act took effect, some 4,800 charges were filed with the EEOC alleging wage discrimination. Approximately 1,900 of these charges were filed by women alleging sex discrimination in compensation. “EEOC Celebrates One-Year Anniversary of the Lilly Ledbetter Fair Pay Act of 2009,” EEOC News Release, 1/29/10.
The EEOC has reported that 93,277 workplace discrimination charges were filed during FY 2009. This is the second highest level ever. Monetary relief obtained for victims through combined enforcement, mediation and litigation programs totaled over $376 million.
EEOC’s possible explanations for the near historic charge filings:
- Greater accessibility of the EEOC to the public;
- Economic conditions;
- Increased diversity and demographic shifts in the labor force;
- Employees’ greater awareness of their rights; and
- Easier for individuals to file a charge due to fewer steps required by EEOC’s intake practices.
Statistics on types of charges filed:
- Charges alleging discrimination based on disability, religion and/or national origin hit record highs;
- Age-based discrimination charged reached the second-highest level ever; and
- The most frequently filed charges were based on race (36 percent), retaliation (36 percent) and sex-based discrimination (30 percent).
Resolution of EEOC charges:
- 85,980 private sector charges resolved; and
- $294 million (record) recovered through administrative enforcement and mediation.
Complete enforcement and litigation results are posted on the EEOC’s website at www.eeoc.gov.
“Job Bias Charges Approach Record High in Fiscal Year 2009, EEOC Reports,” EEOC Press Release, 1/6/10.
A Colorado-based automotive dealership will pay over $1.5 million to settle an EEOC sex and age discrimination lawsuit. The EEOC alleged that five women were subjected to sex discrimination and a sexually hostile work environment while employed, including offensive verbal comments and physical touching, demotion, refusal to transfer, salary reduction and failure to promote. The EEOC also alleged that five older male employees were terminated based on age and replaced with younger, less experienced workers. “Ralph Schomp Automotive Agrees to Pay $1.5 Million to Settle EEOC Sex and Age Bias Lawsuit,” EEOC Press Release, 1/7/10.
A federal judge has granted final approval for distribution of a $4.5 million monetary award to 90 claimants identified in EEOC’s litigation settlement with Allstate Insurance Company. The EEOC’s lawsuit filed in 2004 alleged a class of older workers at Allstate was adversely impacted based on age during a companywide reorganization. Allstate had adopted a one-year hiring moratorium, or while severance benefits were being received, that applied to all its employee-sales agents who were reorganized from employee agents to what the company considered independent contractors. EEOC claimed this policy disproportionately impacted employees over the age of 40 because 90 percent of the agents subjected to the hiring moratorium were age 40 or older. “Court approves Distribution of $4.5 Million Settlement in EEOC Age Bias Suit Against Allstate,” EEOC Press Release, 12/17/09.
