Employers Beware: New EEOC Flyer Targets Younger Employees

On July 22, 2016, the EEOC released a one-page information sheet that explains how religious discrimination impacts employee job rights. The flyer explains that it is illegal for employers to treat their employees differently or harass them based on religious practices or beliefs. Sounds informative, until you dig a bit deeper into the sheet and learn a bit about the historical context at work here.

In the past 20 years the number of religious discrimination charges filed with the EEOC has more than doubled, from 1,709 in 1997 to 3,502 in 2015, but those numbers do not tell the whole story, as there are a number of factors at work leading to that increase. When we examine the picture within the picture, the number of charges spiked dramatically in fiscal 2008-2013, going from 2,880 charges in 2007 to 3,273 in 2008 all the way to 4,151 in 2011 before gradually declining from 2012-2015. Not surprisingly, the spike in charges in the years following the Great Recession coincides with an extreme risk of layoff for EEOC investigatory agents. 

While the EEOC is charged with investigating and conciliating charges of discrimination in the United States, they are anything but a friend of employers, and have long been known to seek “target rich” sectors within the workforce. With 2016 being an election year, the new flier unabashedly seeks younger employees as Plaintiffs to keep the agents employed in a new administration. The flier is not ironic in its attempt to target younger workers, as shown in the paragraphs below.

First, the flyer itself is entitled “Youthwork,” and the title is spelled out in a kitschy “Comic Sans” font. Next, the three examples of employees subject to alleged discrimination are a) a barista on summer break; b) an “after school” grocery store cashier; and c) a student working in a clothing store. The examples themselves involve situations that are likely to come up among younger employees, and further channel activism and millennial angst and hostility towards authority. In any event, the flier unfairly singles out millennials as somehow more likely to be victims of religious discrimination when they are, if anything, more likely to be the targets of a form of [legal] age discrimination

Employers need to be aware of the EEOC’s campaign seeking younger employees as complainants of race discrimination. In order to combat this effort it is more critical than ever to include younger employees in compliance efforts to show them that your company is committed to a diverse and inclusive workforce, and that religious discrimination of any form absolutely will not be tolerated under any circumstances. This way, if and when the EEOC comes knocking on your company’s door your employees will let them know that they work in an environment of tolerance, and where a culture of compliance is fostered.

Syntrio’s Compliance Continuum is an innovative means of getting your corporate message of compliance across. We believe that the best way to connect with employees of all ages, whose attention spans are getting shorter is to keep them engaged and ensure the message gets across. We offer a vast array of short-form videos preparing the user for our entertaining, engaging and interactive training courses and keep the content fresh and custom to the needs of your business. With the EEOC seeking a new batch of Plaintiffs during a tumultuous period in American History, now is the time to keep your users informed and aware that religious discrimination will not be tolerated at your company.

Syntrio is committed to helping businesses avoid costly incidents associated with employment discrimination. We are also able to custom-tailor our courses to fit the needs of your business. Contact www.syntrio.com for more information about our Preventing Religious Discrimination online courses for employees and management and remember to follow us on Twitter, Google Plus and LinkedIn for daily updates on compliance that impact your company

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