Employment Law Litigation Goes Through the Roof
Claim FY 2008 % Race 33,937 35.6% Sex 28,372 29.7% National Origin 10,601 11.1% Religion 3,273 3.4% Retaliation - All Statutes 32,690 34.3% Retaliation - Title VII only 28,698 30.1% Age 24,582 25.8% Disability 19,453 20.4% Equal Pay Act 954 1.0% Total Charges 95,402 100%
Discrimination claims filed with the U.S. Equal Employment Opportunity Commission last year rose to the highest in the agency’s 44-year history, after a Supreme Court ruling that changed the way complaints may be filed. This area of practice has been building all year -- see Law Firm Marketing Should Focus on Employment Law
A record 95,402 claims were filed during the year ended Sept. 30, the EEOC said. That was 15% more than in 2007, and represents a burgeoning area of law practice.
“The EEOC has not seen an increase of this magnitude in charges filed for many years,” acting agency Chairman Stuart Ishimaru said in a statement. “While we do not know if it signifies a trend, it is clear that employment discrimination remains a persistent problem.”
The surge in age-related claims signifies that layoffs caused by the U.S. recession have started to affect workers with seniority. Several recent EEOC claims have settled for between $350,000-$800,000 and an additional $130,000 - $150,000 in attorney fees, according to Michelle Binks, a Chicago human resources examiner.
“It’s possible we have yet to see the full impact of the recession on discrimination charge filings as the economy continues to spiral downward since fiscal year 2008.” In short, it looks like we may be headed toward another record-breaking year in which more than 100,000 workers file discrimination charges," said EEOC spokesperson David Grinberg.
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