Kusserow on Compliance: Human resources compliance—update on EEOC investigations

Most hotline complaints received relate to HR related issues, including harassment, discrimination, and unfair treatment, making this one of the most common compliance issue areas. Many employees go on to report their complaints to the Equal Employee Opportunity Commission (EEOC) that is responsible for addressing workplace harassment complaints. Media reports have focused on the long delays in resolving allegations of discrimination (1.5 years for federal employees and 500 days for the private sector). An increase of $15 million was authorized this year in the EEOCs budget, which may help with the backlog. The reason for the longer wait for federal employee complaints is that that a federal employee must first file a complaint with his or her agency’s equal employment office, which conducts an investigation. The employee may then file a lawsuit or request a hearing with an EEOC administrative judge.  The staffing level for the Commission is about 2,000, of which there are 549 investigators responding to allegations and complaints. For 2017, the Commission reported:

  • Resolution of 99,106 charges, an increase of 1,660 over 2016
  • Reduction of the inventory of pending charges by 16 percent to 61,621
  • Secured $484 million for victims of discrimination
  • 7,218 successful mediations resulting in over $163.7 million in benefits to charging parties
  • Resolution of 6,661 federal employee hearing requests with $73 million in their relief
  • Resolution of 4,284 appeals of agency decisions
  • Resolution of 85 percent of appeals over 500 days pending
  • $13.3 million in remedies secured
  • 4,500 individuals received monetary relief as a direct result of litigation resolutions
  • 184 lawsuits filed, including 124 suits on behalf of individuals

In most cases, the EEOC has found that there was not sufficient evidence to make a finding that discrimination occurred. Only about 3 percent of cases were found to have reasonable cause.  Also reported was an increase in the number of complaints being received that may be fueled in part by the emergence of the #MeToo movement.

 

Richard P. Kusserow served as DHHS Inspector General for 11 years. He currently is CEO of Strategic Management Services, LLC (SM), a firm that has assisted more than 3,000 organizations and entities with compliance related matters. The SM sister company, CRC, provides a wide range of compliance tools including sanction-screening.

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Copyright © 2018 Strategic Management Services, LLC. Published with permission.