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Thelen Reid Brown Raysman & Steiner LLP
Increased
enforcement netted a record $307.3 million for the Equal
Employment Opportunity Commission in 1999. Some $210 million
was obtained by EEOC in the administrative phase of cases
before litigation, and $58 million was obtained in mediation.
Of the remaining $96.9 million, which derived from litigation,
$46.9 million was awarded under Title VII, $43.3 million
under the ADEA, $3.1 million under the ADA and $3.6 million
was recovered under multiple other statutes.
EEOC
has also made dramatic increases in the speed with which
it deals with cases. In 1996, it took on average 379 days
for the EEOC to process a claim. Now the average is 265
days. The backlog of cases also has been reduced from a
high of 111,345 in 1995 to only 40,000 currently. The case
load has also been dropped from 140 cases per investigator
to 30.
EEOC
has increased its speed by developing a triage-like system
that allows for quick dismissal of weak complaints and expedited
processing for stronger claims. In addition, Congress granted
the agency an additional $37 million to help with cases
where the likely outcome was less clear.
EEOC's
new speedier approach is a mixed blessing for employers.
Quicker processing means that weaker cases will be rejected
by the EEOC more quickly, which reduces uncertainty and
delay for employers. However, because plaintiffs can more
quickly bring claims rejected by the EEOC to court, a quicker
resolution often will mean translate into litigation sooner.
On the other hand, speedier litigation can be good for an
employer because more witnesses will be available soon after
the alleged discrimination. In either case, employers should
be aware that the EEOC has stepped up enforcement and is
working to speed up its reaction time.
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For more information about the issues covered in this report, please contact Linda S. Husar in our Los Angeles office at 213-576-8017 or at lshusar@thelen.com or contact your Thelen attorney. For more information about Thelen's Construction and Government Contracts Department, click here.
©2000 Thelen Reid Brown Raysman & Steiner LLP
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