U.S. EEOC Publishes 2011 Stats  

About this time of year each year the U.S. Equal Employment Opportunity Commission (EEOC) publishes its prior fiscal year's (FY) charge statistics.  The 2011 statistics came out last week on January 25th (if you follow my "Tweets" you know this already).

Each year I am interested and sometimes fascinated to see the trends.  Here are some examples from the recently released statistics:

• The number of total charges filed has been rather sporadic over the last few years. From 2008 to 2009 the number of total charges filed decreased about 2.23%. The next year they increased 7.12%.  Last year?  They were quite flat - total charges filed increased by less than 1/10th of 1 percent. 
• The rankings of the top five most frequently cited bases of charges remained the same as the prior year with only slight variations in the percentage they reflect of total charges filed:
1. Retaliation - 37.4% of all charges filed
2. Race - 35.40%
3. Sex - 28.50%
4. Disability - 25.80%
5. Age - 23.50%

Despite the fact that the rankings remained the same as FY 2010, the total number of charges filed based on race and sex decreased while the number of charges filed based on retaliation, disability and age increased.

Proactive Tips?

1. Use this data each year to update your harassment prevention training materials for supervisors and managers.  They are the eyes and ears of your organization; let them know the current trends so they know what they should watch and listen for.   
2. Use this data to review and update your policies and procedures.  Do your EEO and harassment prevention policies remind employees that they have the right to be free from retaliation for reporting harassment/discrimination or for participating in a related investigation? Be proactive, particularly considering retaliation has been the most frequently cited basis of all charges filed for the last two years.
3. Remind your managers about the no-retaliation provisions of your policies and give practical examples e.g., sometimes it is all about perception. Remember that unlawful retaliation need not be directly tied to the workplace; a manager's conduct outside of the workplace towards an employee that affects the employee's terms or conditions of employment may also constitute unlawful retaliation.
4. Finally, we spend a lot of time training employees about what is unlawful harassment, discrimination and retaliation. It is also important to educate employees about what may not constitute unlawful acts.  The EEOC's website provides good examples to share with employees such as, "Adverse actions do not include petty slights and annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, 'snubbing' a colleague, or negative comments that are justified by an employee's poor work performance or history." 

Are you planning your 2012 training programs?  Contact FiveL Company today for related training program outlines and costs.  

 Hot Hits!! Education Corner

Did You Hear?

Ms. Walters' book, "From Hello to Goodbye: Proactive Tips for Maintaining Positive Employee Relations" was SHRM's #4 best seller in 2011! Click here to get your copy today! Bulk rates are available and can be used in combination with management training programs. Click here for more information.

Upcoming Public Speaking Engagements (presented by Ms. Walters)

None in February but see two in March. Click here for the full calendar of upcoming events.

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NEXT WEBCAST: February 22, 2012 - 10:00-11:00 a.m. EST: 

"Sex in the Workplace: It's Not What You Think" 

Legal headlines, federal and state legislation, and regulatory reform have started a new spin on an old theme. Today's workplace is grappling with gender-based issues related to an individual's actual or perceived sexual orientation; gender identity, expression and/or stereotyping; transsexualism and all the related challenges that can come into play in the workplace. Claims range from discrimination to harassment; to unequal access to areas such as restrooms and locker rooms; to clashes with religious accommodation. The complexity increases when addressing the needs of employees who work on client sites over which the employer has little to no control.  Join this interactive webcast as we review the latest legal, legislative and regulatory developments in these areas.

Click here to register.  

This webcast is pre-approved by HRCI for 1.0 general credit hour.

2012 discounted annual subscriptions also available; register for the 10 remaining webcasts in 2012 for the price of 8!

DOL Publishes New, Proposed FMLA Regs

About 36 hours ago (as of this writing) you may have read my "Tweet" announcing the U.S. Department of Labor's new FMLA regulations.  The 213-page proposed regulations can be found here. Myriad information can be found here on the DOL's website including FAQ's, Fact Sheets and more.

The notice and comment period will remain open for 60 days from the date the proposed rule is published in the federal register so once again...stay tuned!

Easy Tweet

Looking for even more timely legislative, regulatory and legal updates in advance of this monthly E-newsletter? Just remember www.hrpeeps.net to follow Ms. Walters on Twitter.  Then tell a friend!    

Tennis Anyone? 

If you have been watching the developments of the shrinking, growing, shrinking and growing again National Labor Relations Board (Board) then you might have a pain in the neck (pun intended). Here's a quick recap! 

Remember that the NLRB has been issuing decisions that impact non-union workplaces as well as union - including employees' protected use of social media as well as the union election process (see FiveL's archived webcasts from January 25, 2012, "Union Issues for Non-Union Workplaces" and September 28, 2011 on Social Media).

In short, the Board is comprised of five members.  For more than two years, from January 1, 2008 to March 26, 2010 there were only two members on the Board. The U.S. Supreme Court ruled on June 17, 2010 that a two-member Board lacked the authority to issue binding decisions. Since March 27, 2010 the composition of the Board has changed at least six times ranging from two to a full complement of five members. 

Generally, Board members are appointed by the President and confirmed by the Senate. The U.S. Constitution provides that the President may make recess appointments without Senate confirmation. Effective January 9, 2012 President Obama appointed three new members to the Board. As of this writing at least three lawsuits have been filed challenging the Presidential appointments as unconstitutional asserting that the Senate was not properly in "recess" at that time.  What next?  Stay tuned!

 Last Month's Trivia Quiz

Did you read the trivia question at the end of last month's newsletter? 45% of the respondents got the answer right. Here it is:

Q: To what song are the lyrics, "When Will They Ever Learn?"

A: All of the above.

 This newsletter does not constitute the rendering of legal advice. For legal guidance on any particular issue(s) you should consult with your company's legal advisor or contact FiveL Company directly.