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Discrimination claim rates in 2017

In fiscal year 2017, there were 84,254 charges of discrimination in the workplace made by New Jersey residents and others in America. During that same period of time, the EEOC was able to resolve 99,109 charges and reduce case inventory to 61,621. That was a 16.2 percent reduction during fiscal year 2017, and it was also the lowest number in a decade.

Race and disability charges were among the most common in the past fiscal year. However, cases involving retaliation were the most common overall. They made up 48.8 percent of all charges made to the EEOC. Charges of race discrimination made up 33.9 percent of cases while disability charges were 31.9 percent of all cases handled by the EEOC in fiscal year 2017. Also among the top 10 most frequent types of discrimination claims were those related to age, sex or national origin.

During fiscal year 2017, the EEOC pursued 184 merit lawsuits with 124 cases brought on behalf of an individual worker. The remaining 60 cases were evenly split between those involving multiple victims and those involving victims of systemic discrimination in the workplace. The EEOC had a success rate of 90.8 percent in the cases that it decided to pursue against an employer.

Discriminating against an individual based on gender, national origin or other protected attributes may be a violation of employment law. Victims may be entitled to compensation for back pay and other damages if their claim is successful. It may also be possible to be placed back into a position from which an employee was terminated after making a workplace discrimination claim. As a general rule, employers are not allowed to take any activity to interfere with a worker's right to make a discrimination claim to the EEOC.

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Lawrence N. Lavigne, Esq., L.L.C.
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Manalapan, NJ 07726

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