EEOC Reports All-Time High for Employment Discrimination Complaints

Posted on February 22, 2012 by Sally Handmaker

On January 24, the EEOC reported that it received 99,947 complaints of workplace-discrimination in 2011, the highest number of complaints ever reported. Though the numbers are up only slightly from 2010, the EEOC believes the upswing may continue, in part due to a weak job market. The EEOC’s draft Strategic Plan for 2012-16 suggests that “During more difficult economic times, the EEOC may see an increase in overall charges as more people are laid-off.” 

Two categories of complaints on the rise are those involving religious and national-origin discrimination. Religious discrimination claims increased about 5% between 2010 and 2011 according to the EEOC, and national-origin discrimination claims increased about 10%. Slightly less claims of race and sex discrimination were made in 2011 as compared to 2010. 

While employers may be concerned by the high number of complaints, it should also be noted that the EEOC resolved more discrimination complaints in 2011 than it has in at least 14 years, with victims receiving settlements only in approximately 18% of EEOC claims.

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California Court of Appeal holds that employer may lawfully terminate employee for filing an allegedly false sexual harassment complaint against his supervisor

Posted on February 2, 2012 by Sally Handmaker

Joaquin v. City of Los Angeles (California Ct. App. 01/23/2012)

A Los Angeles Police Department officer filed a sexual harassment claim with the department against his supervisor, and after investigating the officer’s claim, the department determined the claim was unfounded. In response, the supervisor filed an internal complaint against the officer alleging that the officer had filed a false sexual harassment claim. Various internal investigations led the department to conclude that terminating the officer’s employment was the appropriate disciplinary measure for the officer’s filing the unfounded charge. The officer sued for reinstatement, which the superior court granted. The officer then filed an action against the City of Los Angeles claiming retaliatory termination for filing a sexual harassment claim in contravention of the Fair Employment and Housing Act (FEHA). A jury awarded the officer over $2 million for lost wages and emotional distress. The City appealed the verdict, and the Court of Appeal reversed the judgment, holding that the officer failed to introduce substantial evidence to support his contention that the department’s decision to terminate his employment was motivated by retaliatory animus or intent. Thus, in certain circumstances, an employer is permitted to discipline and/or terminate an employee for making false allegations, even if those allegations involve sexual harassment. 

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