What constitutes filing a "charge" with the EEOC?

Lexology.com
Fox Rothschild LLP Richard B. Cohen USA
June 29 2011

In order to sue in federal court for employment discrimination under Title VII, an employee must first file a “charge” with the EEOC. That much is crystal clear. But what, in fact, constitutes a “charge,” since Title VII does not define that term with any precision? What is minimally required for a filing to be deemed a “charge?”

In an opinion issued on June 28th, Williams v. CSX Transportation Co., a federal appeals court provided a nice review of when a filing is deemed a “charge” under Title VII, and went through the elements set out by the EEOC and the Supreme Court. In that case, the employee’s filing was initially dismissed because it purportedly contained insufficient allegations of a hostile work environment. The Court discussed the elements to be considered as to when a filing can be considered a “charge”:

Title VII requires only that it must be in writing under oath or affirmation, and it must contain such information and be in such form as the EEOC requires.
The EEOC requires that a charge should contain the names, addresses, and telephone numbers of the person making the charge and the charged entity; a statement of facts describing the alleged discriminatory act; the number of employees of the charged employer; and a statement indicating whether the charging party has initiated state proceedings.

Finally, the Supreme Court added a further element – that “taken as a whole” an “objective observer” would believe that the filing indicated that the charging party was actually requesting some action by the EEOC, as opposed to, for example, merely being a request for information. Federal Express Corp. v. Holowecki.

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EEOC Reports Job Bias Charges Hit Record High of Nearly 100,000 in Fiscal Year 2010

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
1-11-11

Retaliation Surpasses Race as Most Frequent Allegation; Agency Obtains $404 Million for Victims

The U.S. Equal Employment Opportunity Commission (EEOC) today announced that private sector workplace discrimination charge filings with the federal agency nationwide hit an unprecedented level of 99,922 during fiscal year (FY) 2010, which ended Sept. 30, 2010.
Despite the increase in overall charges filed with the EEOC last fiscal year, the Commission dramatically slowed the growth of the charge inventory. As a result, the federal agency ended FY 2010 with 86,338 pending charges - an increase of only 570 charges, or less than one percent. Between fiscal years 2008 and 2009, the EEOC's pending inventory increased 15.9 percent.
"We are pleased to see that our rebuilding efforts are having an impact on how efficiently and effectively the Commission enforces the civil rights laws protecting the nation's workers," said EEOC Chair Jacqueline A. Berrien. "Discrimination continues to be a substantial problem for too many job seekers and workers, and we must continue to build our capacity to enforce the laws that ensure that workplaces are free of unlawful bias."
The FY 2010 data show that the EEOC filed 250 lawsuits, resolved 285 lawsuits, and resolved 104,999 private sector charges. Through its combined enforcement, mediation and litigation programs, the EEOC secured more than $404 million in monetary benefits from employers -- the highest level of monetary relief ever obtained by the Commission through the administrative process -- to promote inclusive and discrimination-free workplaces.
The FY 2010 enforcement and litigation statistics, which include trend data, are available online at http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm.
According to the FY 2010 data, all major categories of charge filings in the private sector (which include charges filed against state and local governments) increased. These include charges alleging discrimination under Title VII of the Civil Rights Act of 1964, as amended; the Equal Pay Act; the Age Discrimination in Employment Act; the Americans with Disabilities Act; and the Genetic Information Nondiscrimination Act (GINA). Last year, for the first time ever, retaliation under all statutes (36,258) surpassed race (35,890) as the most frequently filed charge, while allegations based on religion (3,790), disability (25,165) and age (23,264) increased. In its first year of enforcement, the EEOC received 201 charges under GINA. Historically, race had been the most frequently filed charge since the EEOC became operational in 1965. http://www.eeoc.gov/eeoc/statistics/enforcement/charges.cfm
The FY 2010 data also show:
The mediation program ended the year with a record 9,370 resolutions, 10 percent more than FY 2009 levels, and more than $142 million in monetary benefits;
The EEOC also expanded its reach to underserved communities by providing educational training, and public outreach events to approximately 250,000 persons;
The agency continued its concerted effort to build a strong national systemic enforcement program. At the end of the fiscal year, 465 systemic investigations, involving more than 2,000 charges, were being undertaken;
The EEOC resolved a total of 7,213 requests for hearings in the federal sector, securing more than $63 million in relief for parties who requested hearings. The agency also resolved more than 4,600 federal sector appeals -- 400 more than in FY 2009.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site (www.eeoc.gov).

http://www.eeoc.gov/eeoc/newsroom/release/1-11-11.cfm

JOB BIAS CHARGES RISE 9% IN 2007, EEOC REPORTS

FOR IMMEDIATE RELEASE CONTACT: David Grinberg
Wednesday, March 5, 2008 Christine Nazer
(202) 663-4191
TTY: (202) 663-4494

Discrimination Charges Highest in Five Years; Agency Obtains $345 Million for Victims

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) received a total of 82,792 private sector discrimination charge filings last fiscal year, the highest volume of incoming charges since 2002 and the largest annual increase (9%) since the early 1990s, the agency reported today as part of its Fiscal Year 2007 enforcement and litigation statistics. The data, available online at www.eeoc.gov/stats/charges.html, also show that the EEOC recovered $345 million in monetary relief for job bias victims.
“Corporate America needs to do a better job of proactively preventing discrimination and addressing complaints promptly and effectively,” said Commission Chair Naomi C. Earp. “To ensure that equality of opportunity becomes a reality in the 21st century workplace, employers need to place a premium on fostering inclusive and discrimination-free work environments for all individuals.”
According to the EEOC’s FY 2007 data, allegations of discrimination based on race, retaliation, and sex were the most frequently filed charges, continuing a long-term trend. Additionally, nearly all major charge categories showed double digit percentage increases from the prior year -- a rare occurrence. The jump in charge filings may be due to a combination of factors, including greater awareness of the law, changing economic conditions, and increased diversity and demographic shifts in the labor force.
SNAPSHOT OF DISCRIMINATION CHARGE FILINGS WITH THE EEOC NATIONWIDE
Basis of Charge Filing
FY 2007
FY 2006
Percentage Increase/Historical Comparison
RACE
30,510
27,238
Up 12% to highest level since FY 1994
RETALIATION
26,663
22,555
Up 18% to record high level, double since FY 1992
SEX/GENDER
24,826
23,247
Up 7% to highest level since FY 2002
AGE
19,103
16,548
Up 15%, largest annual increase since FY 2002
DISABILITY
17,734
15,575
Up 14% to highest level since FY 1998
NATIONAL ORIGIN
9,369
8,327
Up 12%, above 9,000 for second time ever
RELIGION
2,880
2,541
Up 13% to record high level, double since FY 1992
TOTAL CHARGES
82,792
75,768
Up 9%, largest annual increase since FY 1993
NOTE: Individuals may allege multiple types of discrimination in a single case.
Last year, for the first time, retaliation was the second highest charge category (behind race), surpassing sex-based charges in total filings with EEOC offices nationwide. Historically, race has been the most frequently filed charge since the EEOC became operational in 1965. In addition to the statutory bases of discrimination, charges filed with the EEOC and state and local Fair Employment Practices Agencies (combined) also trended upward for the high visibility issues of pregnancy discrimination and sexual harassment. During FY 2007, pregnancy charges surged to a record high level of 5,587, up 14% from the prior fiscal year’s record of 4,901. Sexual harassment filings increased for the first time since FY 2000, numbering 12,510 – up 4% from the prior fiscal year’s total of 12,025. Additionally, a record 16% of sexual harassment charges were filed by men, up from 9% in the early 1990s. Other year-end statistics released today show that the EEOC:
Recovered approximately $345 million in total monetary relief for charging parties, up 26% from the prior year’s total of $274 million. Nearly $55 million was obtained through EEOC litigation and more than $290 million through administrative enforcement, including mediation. Additionally, the agency obtained substantial non-monetary relief, such as employer training, policy implementation, reasonable accommodations, and other measures to promote discrimination-free workplaces.
Resolved 72,442 private sector charges, with a historically high merit factor rate of 23%. Merit factor resolutions include mediation and other settlements and cause findings, which, if not successfully conciliated, are considered for litigation. Most meritorious charges are resolved voluntarily with employers prior to any EEOC litigation.
Resolved a record 8,649 charges through its voluntary National Mediation Program (up 5% from the prior year’s record high), with a user satisfaction rate of 96% indicating that nearly all participants would return to the program in the future. At the end of FY 2007, the EEOC had entered into 1,269 Universal Agreements to Mediate (UAMs) with employers nationwide (154 national/regional UAMs and 1,115 local UAMs) -- a 15% increase from the FY 2006 level.
Filed 336 merits lawsuits (direct suits, interventions and other enforcement actions), including 116 class cases involving multiple aggrieved parties or victims of discriminatory policies. Significant injunctive and remedial relief was also achieved through litigation settlements, jury trials and court rulings. The agency’s litigation program increasingly focused on class and systemic cases as part of its national law firm model.
Conducted a record 5,658 outreach, education and technical assistance events nationwide, reaching nearly 280,000 people. The EEOC’s national outreach initiatives include E-RACE (Eradicating Racism And Colorism from Employment), Youth@Work, and LEAD (Leadership for the Employment of Americans with Disabilities). Other outreach programs focused on EEOC-enforced laws, mediation, and small business.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the federal agency is available on its web site at http://www.eeoc.gov/.