Discrimination Charges, State by State

The federal Equal Employment Opportunity Commission (EEOC) released an online chart that allows you to view the number and types of workplace discrimination charges by state.  

The EEOC’s previous database allowed viewing only of the nationwide totals. The new chart contains statewide figures for fiscal years 2009-2011. 

California had 7,166 total charges in fiscal year 2011 which represents 7.2 percent of the nationwide total. Only Texas (10 percent) and Florida (8.1 percent) ranked higher in terms of percentage of nationwide claims. These figures are not surprising given the large populations of these states. 

By an overwhelming majority, retaliation is the number one EEOC charge filed in California, constituting 44.6 percent of all EEOC charges filed in the state. Retaliation charges were followed by race (33.1 percent), disability (29.4 percent) and age (25 percent). 

The state statistics mimic a nationwide trend. For two years in a row, retaliation has been the number one type of EEOC charge filed throughout the United States. 

These types of claims should be of real concern for employers. Employees have the right to complain of unlawful discriminatory or harassing treatment in the workplace. Retaliation takes many forms and includes adverse employment actions, such as demotions or terminations, following complaints of unlawful conduct. Subtle forms of retaliation, such as ostracism, may not be unlawful but can create morale problems and decreased productivity. 

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

HRCalifornia subscribers can visit the HR Library’s Retaliation page and Discrimination page for more information about preventing discrimination and harassment in the workplace, including preventing claims of retaliation.

Or, consider attending CalChamber’s next live seminar, HR Boot Camp: Silicon Valley, where our employment law experts will cover a range of important HR topics.

AB 1825 Training Year Deadline Approaches

2011 is a sexual harassment prevention training year for many California employers with 50 or more employees. If this applies to you, there’s only a short time left to meet the year-end deadline for mandatory AB 1825 supervisor training.

In State Department of Health Services v. Superior Court (McGinnis) (2003), a company avoided legal penalties by demonstrating it took all reasonable steps to prevent sexual harassment — including training for employees. That’s tangible proof of the value of harassment prevention training.

Avoid situations and a work environment that put you at risk by educating yourself and employees. For more details on AB 1825, download CalChamber's free white paper.

When you order your online harassment prevention training  from CalChamber before December 31, you’ll save 30 percent. (Be sure to mention priority code HTL3.) That’s only $29.40 per learner for the AB 1825 supervisor course and $16.80 for the employee course. CalChamber Preferred and Executive Members save even more with their 20 percent discount.

Workplace Investigation Tips

Workplace investigations, whether handled internally or externally, take effort. They require planning and close management.

Consider the following tips to help improve your next workplace investigation:

• Pay attention to scope: Most investigators pay attention to scope when they start the investigation. But don’t lose sight of scope once the investigation begins. Ask yourself whether the facts raised by witnesses relate to the investigation’s scope or whether they create distractions. Limit yourself to interviews and inquiries that you can reasonably determine will lead to relevant information. Refine your scope as necessary throughout the investigation. When new issues arise during the investigation, determine if they spark a duty to investigate.
• Follow workplace policy: If your company maintains policies for handling different types of allegations (discrimination, harassment or theft, for example), follow these policies. If it is necessary to deviate from workplace policy to meet legal obligations for addressing the complaint, make sure to document the reason for any deviation.
• Follow up: Once you conclude your initial evidence gathering, review the evidence to close any gaps. Re-interview witnesses if necessary to fill in relevant details.
• Come to a conclusion:  Don’t get caught up in the fear that it’s a “he said/she said” situation. You should reach a conclusion. Examine the objective evidence and assess credibility. Don’t forget common sense – in light of all the evidence, is it more likely than not that this person is telling the truth?

CalChamber's legal experts will discuss issues related to workplace investigations in our How to Conduct Workplace Investigations webinar.

Register now for this 90-minute webinar, which will be held Thursday, July 14, 2011, from 10:00 a.m. to 11:30 a.m., PST.

Finding Answers to Critical Workplace Harassment Issues

Sexual harassment spurs huge lawsuits, affects productivity and damages reputations. Avoid situations and a work environment that put you at risk by taking necessary steps to educate yourself and employees.

Using HRCalifornia, our one-stop employment law website, this free, 30-minute webinar shows you where to find answers to critical workplace harassment issues, such as:

• How do I create a legally compliant anti-harassment policy to protect my business, employees and customers?
• Does California’s mandated sexual harassment training for supervisors apply to all California companies?
• What common mistakes do companies inadvertently make regarding harassment in the workplace?

Sign up today for the Workplace Harassment webinar, to be held on Tuesday, May 24, 2011, 10:00 a.m. PST.

You Never Expect a Harassment Lawsuit to Happen to You

An employee makes an unwelcome advance toward another employee. The next thing you know, a complaint is filed with the Equal Employment Opportunity Commission (EEOC). Ask any employer blindsided by a workplace harassment lawsuit — the costs are enormous.

To survive, or better yet, prevent costly litigation, your company or organization needs to know California and federal law. Avoid situations and a work environment that put you at risk by taking necessary steps to educate yourself and employees.

The tips in CalChamber’s free Sexual Harassment Prevention Survival Guide can get you started.