Workplace Discrimination Charges Increase
Private Sector Charges Jump in Fiscal 2007, With Race, Retaliation Most Common Claims
According to the Equal Employment Opportunity Commission (EEOC), employment discrimination charges increased by 9% in 2007, representing the commission's highest volume of charges since 2002. FY 2007 statistics show that race charges continued to be the most frequently filed claim. However, tracking closely behind - and representing a significant increase from prior years - were retaliation claims. Retaliation charges increased by 18% from the prior year, totaling 26,663. The Commission's Chair warned that "Corporate America needs to do a better job of proactively preventing discrimination and addressing complaints promptly and effectively."
While media coverage and focus on discrimination claims may be less intense than in previous years, the statistics clearly show that the issues are still occurring and creating harm in the workplace. Organizations must hold their managers accountable for fulfilling their Duty to Act when they become aware of potentially illegal or inappropriate behavior. Additionally, the rise in retaliation claims further underscores the importance of ensuring managers follow the Prescriptive Rules® by Guarding Words and Actions and remaining Consistent and Professional, even if the complaint involves them.
OTHER HEADLINES
Genetic Information Nondiscrimination Act Signed Into Law
President Bush signed the Genetic Information Nondiscrimination Act (GINA) this month, prohibiting genetic discrimination in the workplace. The new law makes it unlawful for an employer to refuse to hire, discharge, or otherwise discriminate against an employee in the terms and conditions of employment because of an employee's genetic information. Additionally, employers are prohibited from requesting genetic information concerning an employee or an employee's family member except in very limited circumstances. An employee's remedies will be the same as those available under Title VII of the Civil Rights Act of 1964, as amended.
Florida Allows Employees to Maintain Weapons in Their Vehicles
Florida recently passed the Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008 which allows employees to lock a legally owned firearm in their vehicle while the vehicle is parked in their employer's parking lot. Employers are not permitted to ban firearms so maintained in a vehicle, nor are they allowed to make inquiries regarding the presence of a lawful firearm in an employee's vehicle. The Act, which becomes effective July 1, 2008, is based on the rationale that citizens have a constitutional right to possess and keep legally owned firearms, and such right extends to the maintenance of firearms in motor vehicles. Only a handful of employers are exempt, including schools, correctional institutions, and entities that deal with combustible or explosive materials.
RESOURCES
View EEOC charge statistics from FY 1997 through FY 2007 on the EEOC's website.
Read a summary, full text, and other details about HR 493: The Genetic Information Nondiscrimination Act (GINA).
More information on Florida's CS/HB 503: Preservation & Protection of the Right to Keep & Bear Arms in Motor Vehicles Act of 2008.
Stay tuned for the October 2008 release of ELI's revised Civil Treatment® for Managers program, covering recent cases and updates in the law. The award-winning program provides managers with the tools and skills they need to manage fairly and legally.