The loss of jobs during the most recent economic recession in New Jersey and around the nation has coincided with a sharp spike in employment discrimination cases seen by the U.S. Equal Employment Opportunity Commission. Some see a causal link between the two, arguing that when it comes time to terminate workers, employers may favor certain groups while discriminating against others. According to EEOC data, the agency handled 20 percent more complaints in 2011 than it did just 4 years earlier.

In one case, a woman who worked for an airline was dismissed because she was too slow getting around the company’s office. She was arthritic and, with the help of the EEOC, sued under the Americans with Disabilities Act. The company agreed to settle the case for $20,000.

Another typical case involved a man who was offended when his supervisor used a racial epithet when talking about a minority employee. He brought the discriminatory language to the attention of management, who then engaged in retaliatory behavior by firing the man. He brought his wrongful termination claim to the EEOC, which filed a lawsuit against the company. The company settled the suit, paying $190,000 to the man and minority employees, who, the EEOC asserted, were passed over for promotions.

The federal government created the EEOC nearly 50 years ago under the Civil Rights Act of 1964. The nearly 100,000 complaints the agency received in 2011 was the highest number ever, and some assert that the EEOC is not equipped to address them all quickly. While the EEOC can benefit victims of discrimination, some people argue that a private attorney may provide a better result.

Source: Detroit Free Press, “Bias cases hit record numbers at EEOC,” David Ashenfelter, April 9, 2012.