EEOC Releases Fiscal 2019 Charge Statistics

EEOC Releases Fiscal 2019 Charge Statistics

  • New data show increased awareness led to a reduction in the overall number of harassment charges.
  • At the same time, the cost of harassment filings rose.
  • In the wake of increased training mandates, businesses are seeing a reduction in frivolous charges.

In something of a referendum on the wave of mandatory harassment training legislation since 2018, the EEOC just released its fiscal 2019 data, which shows the number of charges filed with the governmental agency stemming from sexual harassment allegations. This data is always revealing because it provides the largest sample size of harassment charges in the country and can be indicative of the impact legislation (and associated training) is having on the workplace as a whole.

What the EEOC Data Tell Us

The fiscal 2019 data reveal a decrease in charges (to 7,514) from the 7,609 filed in fiscal 2018. While this decrease only represents a 1.2% change in the number of filings, it is essential to note that it comes on the heels of a 13.6% increase from fiscal 2017 to fiscal 2018 (6,696 vs. 7,609). Given the fiscal 2019 data cover the time when changes to the California harassment law went into effect and the New York mandatory harassment training requirement became law, even a slight decrease in EEOC charges indicates that increased awareness stemming from additional training works to make our workplaces safer.

For example, the number of charges of sexual harassment that were dismissed for “no reasonable cause” decreased from 56.4% in 2018 to 54.6% in 2019. This decrease shows that people are becoming more cautious about which charges they bring to the agency, which means they are becoming more knowledgeable about what is (and isn’t) sexual harassment. Further, employers are likely becoming more adept at handling incidents before they rise to the level of harassment or handling incidents internally to the employees’ satisfaction.

Lastly, monetary benefits arising from EEOC harassment charges were up significantly in fiscal 2019, rising from $56.6 million in 2018 to a whopping $68.2 million. Such a dramatic increase reflects the seriousness that both the EEOC and courts are taking regarding sexual harassment. All of these prior statistics should indicate to your organization that now is the time to get serious about implementing a harassment education program across your entire workforce, whether the state(s) you operate in require it or not.

Notable Trends to Consider

When the number of charges spiked in 2018, it was challenging to say what impact the new training laws going into effect would have on this crucial area of law. Nearly two years later, it is safe to say that things are trending in the right direction, not just with a decrease in charges, but also with more people filing charges found to have merit, rather than be dismissed with no reasonable cause.

Impact of Good Training

Employers should realize the positive impact that training their workforce can have—not just reducing the overall number of incidents in the workplace, but also on reducing the number of frivolous or erroneous charges that can be time-consuming and costly. We strongly urge you to contact Syntrio to discuss your options for implementing a training program within your organization.

Since 2007, Jonathan has practiced labor and employment law, with a focus on litigation, individual plaintiff and class action discrimination, harassment, and other employment-specific cases as well as focusing his practice toward advising employers on preventive practice. Jonathan has presented over 100 live employment discrimination and harassment prevention training courses across all 50 states.

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