Charge filings with the Equal Employment Opportunity Commission alleging employment discrimination in the private sector increased to 84,442 in fiscal year 2002, up 4.5 percent from the previous year, according to new data issued by the agency. The statistics also show that the average time for EEOC to process a private sector charge declined to 171 days (down 6 percent from FY2001) and the pending inventory of private sector charges awaiting investigation decreased to 29,041 (down 11 percent from FY2001). The EEOC resolved 95,222 private sector charge filings in FY2002 - up 6 percent from the previous year - and recovered $310.5 million in monetary benefits for charging parties through settlements, conciliation, mediation and litigation. One out of every five charges filed with the agency resulted in a "merit resolution" with a favorable outcome for the charging party. The industries that generated the most charge activity are retail, food services and manufacturing. EEOC Chair Cari Dominguez said expanded outreach and mediation were key priorities that contributed to the agency's success. During FY2002, EEOC offices conducted more than 4,000 outreach, education and technical assistance events nationwide to promote voluntary compliance - up 24 percent from FY2001. Under the voluntary mediation program, the EEOC resolved 7,858 charges in an average time of 82 days - less than half the time it takes through the administrative process. Of the 84,442 charge filings with the EEOC in the biggest increases from the prior year were in allegations of religious discrimination (up 21 percent), age bias (14.5 percent), and national origin discrimination (up 13 percent). The total charge filings breakdown as follows:
* 29,910 alleged race discrimination (up 3.5 percent from FY2001)
* 25,536 alleged sex/gender discrimination (up 1.6 percent from FY2001)
* 22,768 alleged retaliation (up 2 percent from FY2001)
* 19,921 alleged age discrimination (up 14.5 percent from FY2001).
* 15,964 alleged disability discrimination (down 3 percent from FY2001)
* 9,046 alleged national origin discrimination (up 13 percent from FY2001)
* 2,572 alleged religious discrimination (up 21 percent from FY2001)
* 1,256 alleged Equal Pay Act violations (unchanged from FY2001) The new statistics are available on the EEOC's web site at www.eeoc.gov.
EEOC Updates Guidance On National Origin Bias
Changes Planned In Federal EEO Complaints Program
EEOC Issues Comprehensive Litigation Report:Five-Year Study
EEOC Will Guard Undocumented Workers From Discrimination
Federal Sector ADR Web Site
Equal Employment Opportunity Commission:
An Evaluation of the Equal Employment Opportunity Commission Mediation Program
September 20, 2000
Dr. E. Patrick McDermott
Franklin P. Perdue School of Business
The Center For Conflict Management
Salisbury State University
Dr. Ruth Obar
Dr. Anita Jose
Dr. Mollie Bowers
Merrick School of Business
University of Baltimore
Pursuant to a contract with the Equal Employment Opportunity Commission (EEOC), the authors surveyed the participants of the EEOC mediation program regarding their opinions of the performance of the program. This report presents our findings.
The participant evaluation of the EEOC mediation program shows a high degree of participant satisfaction with the EEOC mediation program. Both the participant groups—charging parties and respondents—gave high marks to the various elements of the EEOC mediation program. A summary of our conclusions and their implications are the following:
An overwhelming majority of the participants (91% of charging parties and 96% of respondents) indicated that they would be willing to participate in the mediation program again if they were a party to an EEOC charge. Participants, regardless of their satisfaction with the outcome of mediation, overwhelmingly indicated their willingness to return to mediation. This is a strong indication of their satisfaction with the EEOC mediation program. The fact that willingness to return was high, even among participants who did not receive what they wanted, indicates that a fair and neutral process that provides participants with an opportunity to present their views may be even more important than the obtained outcome.
The participants expressed strong satisfaction with the information they received about mediation from the EEOC prior to their attendance at the mediation session. They also felt very strongly that they understood the process after the mediator’s introduction of the process. One of the EEOC goals of mediation is to provide adequate information about mediation to the parties. The results show that the EEOC was very successful in fulfilling this goal.
The vast majority of the participants agreed that their mediation was scheduled promptly. The EEOC’s prompt scheduling of mediation sessions is indicative of effective program management. It also increases the chances of dispute resolution since parties get together in a timely fashion before they hardened their positions.
An overwhelming majority of the participants felt that they had a full opportunity to present their views during mediation. Thus, the "voice factor," an essential element of procedural justice, was present in the EEOC mediation process.
The participants were very satisfied with the role and conduct of the mediators. They felt strongly that the mediators understood their needs, helped to clarify their needs, and assisted them to develop options for resolving the charge. They felt even more strongly that the procedures used by the mediators were fair. The questions regarding the neutrality of the mediators elicited some of the strongest responses from the participants, who felt that the mediators were neutral not only in the beginning of the process, but also remained neutral throughout the process. One of the EEOC goals of mediation is neutrality. As the participant responses indicate, the EEOC was successful in achieving this goal.
Participant satisfaction with the distributive elements of mediation was more tempered than their satisfaction with the procedural elements. This is indicative of the fact that mediation is a facilitated negotiation process where parties do not usually obtain what they wanted going into the negotiations. This result is also consistent with the dispute resolution literature on distributive justice. Among the distributive elements, the participants were most satisfied with the fairness of the mediation session. They also agreed that most of the options developed during mediation were realistic solutions to resolving the charge. The majority of the participants were also satisfied with the results of mediation.
Participant satisfaction with the EEOC mediation program remained high even when the participant responses differed, at times, based on the nature of the charges, such as the statute, basis, and issue, and the characteristics of the mediation session, such as representation, mediator type, and mediation status.
Overall, participant feedback regarding the EEOC mediation program indicates that the program is, by any measure, clearly acceptable to the charging parties and respondents who participated in it.
Diversity Improving, But EEO Case Management 'Seriously Flawed'
WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) has posted the full text of its Annual Report on the Federal Work Force for Fiscal Year (FY) 2003 on the agency's web site at www.eeoc.gov. The report informs and advises the President and the U.S. Congress on the state of equal employment opportunity (EEO) throughout the federal workforce. Data are presented both in individual agency profiles and in government-wide aggregate form. This year's annual report is in a more user-friendly format and includes practical tips for improving EEO performance.