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  Employees Filing
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Most types of discrimination charges filed by employees were up in 2006, according to statistics just released by the Equal Employment Opportunity Commission (EEOC).

Categories that did not see increases were age and equal pay discrimination, as well as harassment (sexual and based on factors including race, religion, national origin, age and disability). Here are the latest statistics:
 

Type of Discrimination/ Harassment Complaint Filed With the EEOC

# Filed in FY 2006

# Filed in FY 2005

Pregnancy   4,901   4,730
Race 27,238 26,740
Religious   2,541   2,340
Retaliation 22,555 22,278
National Origin   8,327    8,035
Sex-Based Discrimination 23,247  23,094
Disability 15,625 14,893
Age 13,569 16,585
Equal Pay     663       970
Harassment (race, color, religion, national origin, disability, age) 23,034  23,192
Sexual Harassment 12,025  12,679

"These figures tell us that discrimination remains a persistent problem in the 21st century workplace," stated EEOC Chair Naomi C. Earp. 

Among the statistics, the EEOC noted two historic highs:

  • The number of pregnant women claiming they've been discriminated against on the job

    Maternity Retailer Settles Pregnancy Discrimination Lawsuit and Institutes 
    Unique "Secret Applicant" Program
    To Help Prevent Future Claims

        A Philadelphia-based maternity clothes retailer recently agreed to pay $375,000 to settle a pregnancy discrimination and retaliation lawsuit, according to the EEOC. The agency charged that Mothers Work, Inc.,
    which operates more than 1,000 stores nationwide, refused to hire qualified female applicants because they were pregnant.
        The company issued a statement that it settled the case "to avoid the high costs of litigation and to focus on reinforcing its commitment to a fair workplace."
        Rebecca Matthias, President of Mothers Work, added: "Our business revolves around serving the apparel needs of pregnant women and we encourage having team members who are also pregnant and can provide first-hand product knowledge to our customers. It is ridiculous to think we would try to discriminate against pregnant women ... Nonetheless, I am horrified that certain individuals felt that someone who was employed by us discriminated against them."
        The company has strengthened its training programs and has created a unique system of uncovering discrimination - sending in "secret applicants" to employment interviews.
        "Secret shoppers are used by many retailers to measure customer service but, to our knowledge, this is the first time secret applicants have been used to detect potential discrimination," Matthias stated. An independent third party will provide the secret applicants.

    is the highest on record.
  • A record 15.4 percent of sexual harassment charges were filed by men. In 1992, only 9.1 percent came from men and the numbers have been rising ever since.

Note: Individuals can allege multiple types of discrimination and harassment in a single filing with the EEOC.

Given the current environment, it's important for employers to take discrimination seriously. Managers should be reminded that off-hand comments by staff members can lead to serious problems. Employees who would not have taken legal action in the past may be more inclined to do so now.

Based on some of the recent trends, here are six basic recommendations to help reduce the potential for costly, time-consuming charges that can result in bad publicity:

1. Remind employees of the dangers of using racial, ethnic, or religious slurs, telling sexually oriented jokes and posting offensive pictures in the workplace.

2. Update your employee handbook, if necessary, to make sure it clearly explains the rules prohibiting discrimination and harassing behavior. Make sure your handbook has an "equal opportunity in employment" declaration. Federal and state laws require nearly all employers to hire, supervise, promote and fire without discrimination against numerous protected classes of people.

The written statement in your handbook tells your employees it's your intention to obey the law. And it reminds supervisors that you expect them to obey the law in all their decisions on your organization's behalf.

In addition, give employees specific examples of prohibited discriminatory or harassing behavior. Often, employees charged with violations argue: "I didn't know what I was doing was illegal or objectionable."

3. Provide training and establish an effective complaint process.

4. Make sure managers understand what constitutes pregnancy discrimination under the law.

The Pregnancy Discrimination Act was enacted in 1978 as an amendment to Title VII. The law prohibits discrimination against pregnant women when it comes to hiring, leave programs, health insurance and other fringe benefits. It doesn't require special treatment - only that employers treat pregnant women in the same way they treat other employees with temporary disabilities. For more information from the EEOC, click here.

5. When it comes to sexual harassment, make it clear that the victim and the harasser can be a woman or a man. The victim does not have to be of the opposite sex. Click here for more information from the EEOC about sexual harassment.

6. Handle all complaints professionally and seriously. Conduct a prompt, thorough, and impartial investigation. Take immediate action to correct the situation. Consult with your employment attorney or human resources professional on how to proceed.


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