Top Discrimination Claims: Analyzing the EEOC’s FY2014 Report
Top 10 Discrimination Claims
Despite the EEOC’s efforts to deter and curtail discrimination in the workplace, it continues to plague workers in every state and across nearly every type of employment position. According to the EEOC’s data, the three states with the highest number of reported cases of discrimination are Texas, Florida and California (in that order). During FY 2014, the EEOC received nearly 89,000 reports of unlawful workplace mistreatment, including complaints in the following top ten areas of discrimination:
- Genetic discrimination: This involves treating an employee adversely based on information obtained about the employee’s genetic makeup. In most instances, this occurs with regard to the provision of health insurance, particularly if an employee is predisposed to a certain illness or condition.
- Sex-based wage discrimination: In other words, unequal pay for equal work.
- National Origin
- Retaliation for reporting any of the above: A whopping 37,955 claims of unlawful retaliation were reported in 2014, which involves the termination, demotion, or adverse treatment of any employee based solely on that employee’s decision to report discrimination.
Pivotal Cases Litigated by the EEOC
Within its report, the EEOC highlighted several cases that have worked through the federal district and appellate courts. The following summaries shed light on some of the emerging issues in workplaces today, including some never before considered by the courts or the Commission:
EEOC v. Ford Motor Company: This ongoing case was recently appealed after a trial court concluded there was no issue of material fact for a jury to consider. On appeal, the Sixth Circuit concluded a jury could rule in favor of an employee who was denied an accommodation in the form of the ability to work from home (“telework”) due to her struggles with Irritable Bowel Syndrome (“IBS”) – a condition recognized as a possible disability under the ADA.
EEOC v. Global Horizons, et al.: In a particularly disturbing case, the EEOC recovered $3.6 million on behalf of victims facing unbelievable discrimination and mistreatment based on their national origin. According to allegations, Thai workers employed across six farms in Hawaii were forced to endure sub-standard living conditions, forbidden from communicating with their families, and threatened with physical harm and deportation for reporting the abuse.
EEOC v. P. Morgan: In a case originating out of Ohio, the EEOC recovered $1.5 million on behalf of 16 mortgage brokers following allegations of sexual harassment, unequal pay terms, and unequal distribution of calls between male and female mortgage brokers, notwithstanding a company policy of randomly assigning calls. Female workers were also wrongfully terminated for reporting the discrimination internally.
Get Help with Your Employment Discrimination Claim
If you would like to discuss your recent experience with employment discrimination in Cincinnati, contact an attorney right away for assistance. Cincinnati employment lawyers are prepared to help you fight for your rights.