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Harassment Task Force Meeting

Select Task Force Meeting of June 15, 2015 - Workplace Harassment: Examining the Scope of the Problem and Potential Solutions

This is an accessible, text-only alternative to a Ron Edwards PowerPoint Presentation

Slide 1

June 15, 2015


Presented by Ron Edwards
Director of Program Research and Surveys Division
Office of Research, Information and Planning (ORIP)

Slide 2

IMS PROCESS

  • IMS was initially designed as a system for creating charge related documents and tracking these charges. It has also been utilized for research efforts both by EEOC and academic researchers.
  • Basic data is entered during the initial receipt of the charge.  This includes information about the allegations, the charging party and the Respondent.  During this initial stage, efforts are also made to link the charge to EEO-1 reports in order to get a consistent identification of the employer.
  • As the investigation proceeds, actions are added to enable the tracking of the charge

Slide 3

Question 1

How many charges of harassment did we receive in the private sector over the past five years, broken down by year?  (All harassment charges)

Question 2

How many charges of harassment did we receive on each basis:  age, sex, national origin, race, disability, religion, other?  Again, over the past five years and then broken by year.

Slide 4

EEOC Harassment Charges FY 2010 - FY 2014

 

FY 2010

FY 2011

FY 2012

FY 2013

FY 2014

Cumulative

Rate of Change

TOTAL**

27,356

27,270

26,777

26,756

26,820

134,979

-1.96%

Race

8,798

9,010

8,587

8,693

9,023

44,111

2.56%

Sex

12,695

12,461

12,569

12,379

12,146

62,250

-4.32%

National              Origin

3,643

4,029

3,588

3,513

3,446

18,219

-5.41%

Religion

1,362

1,691

1,347

1,290

1,344

7,034

-1.32%

Color

895

961

928

934

1,056

4,774

17.99%

*Includes charges where harassment and/or sexual harassment are alleged.
** Charges may be filed alleging multiple statutes and bases
Compiled by ORIP: 6/9/2015

Slide 5

EEOC Harassment Charges FY 2010- FY 2014
Based on Disability

(Disabilities with the Highest Number of Harassment Charges)

DISABILITY

FY2010

FY2011

FY2012

FY2013

FY2014

RATE OF CHANGE

Total Harassment Charges*

4,119

4,139

4,391

4,529

4,848

18.54%

Retaliation

1501

1565

1744

1814

2056

36.98%

Other Disability

880

991

1172

1218

1338

52.05%

Regarded As Disabled

448

441

442

458

514

14.73%

Other Anxiety Disorder

333

354

384

398

485

45.65%

Depression

388

402

362

394

437

12.63%

Nonparalytic Orthopedic Impairment

296

291

341

329

359

21.28%

Record Of Disability

253

262

258

273

356

40.71%

Orthopedic/Structural Back Impairment

333

312

309

304

348

4.50%

Slide 6

Cornell's web site

Cite as von Schrader, S. (2012). Employment discrimination charges filed under the Americans with Disabilities Act (ADA) Ithaca, NY: Employer Practices Related to Employment Outcomes among Individuals with Disabilities (H133B100017). Retrieved from http://www.disabilitystatistics.org/eeoc

Slide 7

Question 3

  • Are there any trends?  Any hypotheses for why these trends exist?
  • DECREASE in harassment charges from FY 2010 to FY 2014 (rate of change):
    • Religion 1.32%
    • Total 1.96%  
    • Sex 4.32%  
    • National 5.41%  

Slide 8

  • INCREASE in harassment charges from FY 2010 to FY 2014 (rate of change):
    • ADEA 9.97%
    • Retaliation (all statutes) 11.96%
    • ADA 17.70%
    • Color 17.99%
    • Race 2.56%
    • EPA 41.77%

   *Note: However, the trend in GINA charges is not reported as it did not take effect until November 21, 2009.

Slide 9

Question 4

  • What percentage of our litigation docket involves harassment claims?

EEOC Harassment Cases Filed  FY 2010 - FY 2014

 

# Harassment Cases Filed

% Harassment Cases Filed

FY10

99

39.6%

FY11

88

33.7%

FY12

22

18.0%

FY13

27

20.6%

FY14

35

26.3%

Slide 10

Question 5

  • Have we learned anything about harassment from the researchers with whom we share our data?
    • People with physical impairments appear to have lower harassment allegation rates than people with behavioral disabilities. - Shaw, L. R., Chan, F., & McMahon, B. T. (2012)
    • Women, minorities, and people with behavioral disabilities are more likely to file harassment charges. Educational Services or Public Administration were found to be more likely to file harassment charges than employees who work for other types of business and industry. Companies with 500+ employees were more likely to have harassment lawsuits. - Shaw, L. R., Chan, F., McMahon, B. T., & Kim, J. H. (2012)
    • Managerial awareness of disability practices and understanding of how, when, and why they need to be used is low. This may influence experiences of harassment for people with disabilities. - Lisa H. Nishii, PhD & Susanne M. Bruyere, PhD, Cornell University (2015)

Slide 11

Question 6

  • Do you have any suggestions for further research?
  • ORIP'S draft Research and Data Plan proposes that ORIP will produce a demographic profile based on Census data to identify concentrations of immigrant workers and a set of EEO-1 reports for each District to identify the most prevalent industries of workers with broad racial and ethnic profiles believed to be vulnerable to discrimination, such as Hispanic women in crop production. ORIP will also explore the possibility of identifying concentrations of workers with disabilities by industry and geography.

Slide 12

Trend Charts

Slide 13

Harassment Charges -- Race
  FY 2010 FY 2011 FY 2012 FY 2013 FY 2014
  Race 8,798 9,010 8,587 8,693 9,023

Slide 14

Harassment Charges -- Gender
  FY 2010 FY 2011 FY 2012 FY 2013 FY 2014
  Gender 12,695 12,461 12,569 12,379 12,146

Slide 15

Harassment Charges - National Origin
  FY 2010 FY 2011 FY 2012 FY 2013 FY 2014
  National Origin 3,643 4,029 3,588 3,513 3,446

Slide 16

Harassment Charges - Religion
  FY 2010 FY 2011 FY 2012 FY 2013 FY 2014
  Religion 1,362 1,691 1,347 1,290 1,344

Slide 17

Harassment Charges - Color
  FY 2010 FY 2011 FY 2012 FY 2013 FY 2014
  Color 895 961 928 934 1,056