The dental attorneys at Nardone Limited regularly assist our dental practice clients with labor, employment, and human resource issues, including providing guidance on preventing and responding to discrimination and harassment charges filed with the Equal Employment Opportunity Commission (“EEOC”) or the civil rights commission for the state where your practice and its employees are located. Please view our prior articles regarding how to establish and enforce harassment policies, how to prevent claims of harassment, how to respond to a harassment complaint, and what documentation should be maintained during an investigation.

What is the EEOC and the Ohio Civil Rights Commission (“OCRC”)?

The EEOC and the OCRC (and other state civil rights commissions) are responsible for enforcing both federal and Ohio’s anti-discrimination laws. For instance, employees may file a charge with the EEOC or the OCRC against their employer alleging discrimination or harassment based on: (i) gender or sex, including pregnancy; (ii) race; (iii) color; (iv) age; (v) religion; (vi) disability; (vii) national origin; (viii) ancestry; (ix) military; or (x) other legally protected class (the “Bases”).

EEOC Statistics for 2014

In February 2015, the EEOC released its charge statistics for the 2014 fiscal year. A review of the EEOC charge statistics provides some trends involving employment claims involving those federal anti-discrimination statutes enforced by the EEOC. Overall, the total number of EEOC charges filed per year has been decreasing, but this is likely due to certain economic factors, such as: (i) fewer employees on the payroll; (ii) employers not hiring as many full-time employees and relying more on part-time employees and contractors; (iii) workforces are stabilizing since the 2008 recession; and (iv) the government shutdown in the 2014 reporting period.

Important trends or items to note pursuant to EEOC’s 2014 statistics are as follows:

1. Discharge continues to be the most common issue (the discriminatory action) for all Bases under Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act filed with the EEOC;
2. Allegations of harassment for all types of discrimination Bases, with the exception of race, are the second most frequently cited issue after discharge;
3. 30{c91082aefe0e580fe546c40af534787b48cfd474f8c9ab8dac50bf49a7a1c43a} of charges filed with the EEOC alleged the issue of harassment on various Bases, such as race harassment or harassment on the basis of disability. Because of this, the EEOC is making it a priority to prevent harassment through systematic enforcement and targeted outreach;
4. Out of all Bases under which a discrimination charge can be filed, the Bases on which charges were most frequently filed was retaliation at 42.8{c91082aefe0e580fe546c40af534787b48cfd474f8c9ab8dac50bf49a7a1c43a} and then race at 35{c91082aefe0e580fe546c40af534787b48cfd474f8c9ab8dac50bf49a7a1c43a} of all charges filed in 2014.

Bottom Line

Nardone Limited has conducted many discrimination and harassment investigations for clients and has also defended clients against discrimination or harassment charges filed by employees or former employees. The bottom line is that all employers must ensure that they are complying with federal and state anti-discrimination laws, including: (i) establishing and enforcing anti-harassment and anti-discrimination policies and procedures; (ii) providing the necessary training on such policies; and (iii) addressing related complaints promptly, thoroughly, and sufficiently to defend against potential discrimination charges or litigation and related liability. A discrimination charge could be the result of a disgruntled current or former employee seeking revenge. It is important to take the necessary preventative steps to prevent such future potential employment-related litigation and liability.