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EEOC Issues FY 2021 Performance Report

2022-04-12

Discrimination charge receipts has steadily reduced from 91,503 (FY 2016) to 61,331 (FY 2021)

The Equal Employment Opportunity Commission (EEOC) issued their fiscal year (FY) 2021 Annual Performance Report (APR).  The APR published the FY 2021 charge filings which show a decrease in charge receipts and an increase in pending charge inventory, due to low staffing levels.  In FY 2020, the charge intake was 67,448 and reduced to 61,331 in FY 2021.  EEOC resolved an increased percentage of charges with outcomes favorable to the charging party, with 19.2% of such resolutions in FY 2021 compared to 17.4% in FY 2020.  They also secured over $350.7 million in monetary relief for individuals during the administrative process; and obtained equitable relief in 92.6% of all conciliation agreements.

According to the APR, the EEOC had 12 performance measures set and met or exceeded 10 of them.  In FY 2021, the EEOC focused on the following broad areas:

  • Addressing systemic discrimination in all forms and on all bases,
  • Promoting racial justice,
  • Preventing and remedying discrimination in pay,
  • Addressing the civil rights impact of the pandemic, and
  • Strengthening and rebuilding the agency to ensure it had the resources necessary to effectively enforce the law.

Addressing Systemic Discrimination - Resolved 342 systemic investigations on the merits and obtained more than $24.4 million in monetary benefits for victims of discrimination.  In these cases, resolutions also included equitable relief to change employment practices, prevent future discrimination, and bring employers into compliance.  Settled 26 systemic lawsuits and obtained over $22.7 million for 1,671 individuals and significant equitable relief.  Filed thirteen new systemic lawsuits relating to disability, sex-based hiring practices, harassment based on sex and pregnancy, race and national origin-based discharge and age-based layoffs.

Advancing Racial Justice – Resolved 21 lawsuits alleging race or national origin discrimination and garnered approximately $15 million in monetary relief benefiting 798 individuals.  Filed nine systemic or class cases alleging race discrimination, along with 14 individual cases alleging race or national origin discrimination.

Preventing Discrimination in Pay – Settled a systemic investigation based on race discrimination related to wages for over $200,000.  Successfully resolved 10 compensation discrimination lawsuits obtaining approximately $1 million benefiting 51 people.  Filed five lawsuits alleging compensation discrimination and conducted 124 outreach session related to equal pay.

Civil Rights Impact of the Pandemic – Held the first-ever Commission virtual public hearing exploring workplace civil rights implications of the COVID-19 pandemic with over 2,000 individuals in attendance.  Developed numerous resources to assist employers and employees related to pandemic issues.  Conducted 313 outreach events related to COVID-19 reaching 39,827 individuals.  Approved a resolution condemning the violence, harassment and other acts of bias against Asian Americans and Pacific Islanders. Processed 3,631 charges alleging COVID-19 related discrimination and filed three lawsuits on similar issues.

Rebuilding the Agency – Filled 450 open positions bringing the year end total to 2,100 employees.  Conducted two-week intensive training sessions for 143 newly hired investigators. Delivered a series of four training sessions for enforcement staff on identifying, investigating, and conciliating systemic discrimination.  Provided training on the relationship between COVID-19 and employment discrimination laws.

FY 2021 Charge Receipts

During FY 2021 EEOC received 61,332 charges of discrimination. Fifty-six percent of the charges included a retaliation claim and 21,270 (34.7%) included a harassment claim.  The charge receipts have steadily declined over the years from 91,503 in FY 2016; 84,254 in FY 2017; 76,418 in FY 2018; 72,675 in FY 2019; and 67,448 in FY 2020.  However, charges based on color discrimination and sexual orientation and transgender status have increased.

The following represents the charge receipts by type of discrimination.  [Enforcement and Litigation Statistics]

  • Disability – 37.2%
  • Race – 34.1%
  • Sex – 30.6%
  • Age – 21.1%
  • National Origin – 10.1%
  • Color – 5.7%
  • Religion – 3.4%
  • Equal Pay – 1.4%
  • Genetic Information – 0.4%

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.