What's Your Next Move?

So, you're dealing with work place abuse, such as discrimination, retaliation, harassment or a hostile work environment. The question is: What's your next move? You have to think strategically because the worst thing you can do is to be reactive...acting out, lashing out, and waiting for the next attack from an employer. Think about things like a game of chess. You have to think several moves ahead before you make a move now.

So, think about your options and think of potenial outcomes and employer reactions based on each move. Write it down. Think about past history of the people involved because past behavior often indicates future actions. What's the blueprint your employer, supervisor, and/or coworker operates from?

Now, after considering all this...what move makes the most sense? What's your intent? To calm things down, to hold or to escalate in a targeted fashion and with a purpose? What is your next move and why?

If you can't answer those questions, do nothin until you can.

LEGAL BRIEF: EEOC to Hold Feb. 15 Meeting on Pregnancy and Caregiver Issues

Panelists to Present the Latest Research As Well as Best Practices for Employers

I've previously posted about intersectional discrimination, which is discrimination on two or more factors, such as race and age or color and pregnancy, etc. There could be several reasons for discrimination, retaliation, and/or harassment. The EEOC is holding a meeting, tomorrow, to address a couple of workplace issues...pregnancy and caregiver status. The meeting is open to the public, so if you've been impacted by pregnancy or caregiver discrimination and you live in the DC Metro area, you may want to attend.

If you're interested in attending, see below:

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) will hold a public meeting on the subject of pregnancy discrimination and caregiver issues at 9:30 a.m. (Eastern Time) Wednesday, Feb. 15, at agency headquarters, 131 M Street, N.E., Washington, D.C. In accordance with the Sunshine Act, the meeting is open for public observation of the Commission’s deliberations.

At the meeting, the Commission will examine recent trends in discrimination against pregnant workers and workers with caregiving responsibilities, examining these two forms of discrimination as a continuum.

Seating is limited and it is suggested that visitors arrive 30 minutes before the meeting in order to be processed through security and escorted to the meeting room. Any matter not discussed or concluded may be carried over to a later meeting.

The Commission agenda is subject to revision. Additional information about the hearing, when available, will be posted at http://www.eeoc.gov/eeoc/meetings/index.cfm.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

LEGAL BRIEF: EEOC Private Sector Discrimination Suits at an All-Time High!

WASHINGTON—The U.S. Equal Employment Opportunity Commission (EEOC) received a record 99,947 charges of employment discrimination and obtained $455.6 million in relief through its administrative program and litigation in Fiscal Year 2011, the agency announced at the end of January. For the second year in a row, despite a record number of receipts, the Commission resolved more charges than it took in with 112,499 resolutions (7,500 more resolutions than FY 2010—an increase of 7%)—leaving 78,136 pending charges, a ten percent decrease in its inventory, the first year the agency has seen a reduction since 2002.

The FY 2011 data also show:

* Due to EEOC’s enforcement programs in both the private and federal sectors, 5.4 million individuals benefitted from changes in employment policies or practices in their workplace during the past fiscal year.
* Through its combined enforcement, mediation and litigation programs, the EEOC was able to obtain a record $455.6 million in relief for private sector, state, and local employees and applicants, a more than $51 million increase from the past fiscal year and continuing the upward trend of the past three fiscal years. 

* The mediation program reached record levels, both in the number of resolutions – 9,831 – which is 5% more than in FY 2010 (9,362), and benefits -- $170,053,021-- $28 million more than FY 2010.

* The Commission filed 300 lawsuits and its litigation efforts resulted in $91 million of relief, representing the third year in a row that the relief obtained was greater than in the preceding year. Continuing to build on its commitment to systemic litigation, 23 of the lawsuits filed involved systemic allegations involving large numbers of people and an additional 67 had multiple victims (less than 20).

* The Commission also filed 261 “merits” (merits suits include direct suits and interventions alleging violations of the substantive provisions of the statutes enforced by the Commission and suits to enforce administrative settlements) lawsuits.

* EEOC’s public outreach and education programs reached approximately 540,000 persons.

* In the federal sector, where the EEOC has different enforcement obligations, the Commission resolved a total of 7,672 requests for hearings, securing more than $58 million in relief for parties who requested hearings.  It also resolved 4,510 appeals from final agency determinations.

“For the second year in a row, the EEOC received a record number of new charges of discrimination,” said EEOC Chair Jacqueline Berrien. “Nevertheless, the hard work of our employees, combined with increased investments in training, technology and staffing in 2009 and 2010, and strategic management of existing resources made 2011 a year of
extraordinary achievements for the EEOC.”

The total number of charges received was up slightly from last fiscal year’s record total. Once again, charges alleging retaliation under all the statutes the EEOC enforces were the most numerous at 37,334 charges received, or 37.4 percent of all charges, closely followed by charges involving claims of race discrimination at 35,395 charges or 35.4 percent.  While the numbers of charges with race and sex discrimination allegations declined from the previous year, charges with the two other most frequently-cited allegations increased:

* Disability discrimination--25,742
* Age discrimination—23,465

The agency’s enforcement of Americans with Disabilities Act (ADA) produced the highest increase in monetary relief among all of the statutes: the administrative relief obtained for disability discrimination charges increased by almost 35.9 percent to $103.4 million compared to $76.1 million in the previous fiscal year. Back impairments were the most frequently cited impairment under the ADA, followed by other orthopedic impairments, depression, anxiety disorder and diabetes.

For the first full fiscal year of enforcement, the EEOC received 245 charges under the Genetic Information Nondiscrimination Act, which prohibits discrimination on the basis of genetic information, including family medical history.  So far, none of these charges has proceeded to litigation.
The EEOC is responsible for enforcing Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act.

The fiscal year 2011 enforcement and litigation statistics, which include trend data, are available on the EEOC’s website at http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm.

More information about the EEOC is available on its website at www.eeoc.gov.

Are Black and Gay Rights Issues Equal?

So, the Supreme Court reversed CA's ban on same sex marriage today. A white TV commentator said the fight for gay rights is the same as the historical fight by Blacks for equal rights, etc. A Black commentator responded that to many Blacks the issue is not the same. Blacks wear our color, hair, features etc. outwardly. There's no hiding who we are, even though some try. No one has to know that someone is gay. And, is being white and gay the same struggle as being straight and Black? I've heard it debated for years. What do you think? Post a comment! I'd love to hear from you.