Nancy Sienko became Colorado’s Equal Employment Opportunity Commission field office director three years ago, in the middle of a surge of discrimination charges. While job-based discrimination complaints grew by 17 percent in the United States in the past five years, the caseload in Colorado exploded by 46 percent in the same time period. Sienko, with 31 years at the EEOC, says that whenever there’s a downturn in the economy, there’s a corresponding upturn in complaints. But that doesn’t explain Colorado’s surge, which began in 2003 when the state’s economy was fairly robust. Sienko says shifting demographics and better outreach likely account for much of the increase. It’s “good in the sense that people are aware of their rights,” she says. Unfortunately the agency’s resources are “severely diminished.” There were once as many as 40 investigators in the Colorado office — now there are only 15, and each investigator handles a caseload of about 150. The agency has a current backlog of 2000 cases, which may take as long as two years – rather than the goal of 180 days – to resolve.
The EEOC reviews complaints of workplace discrimination based on sex, race, national origin, religion, age, disability and “retaliation” (for protesting bias). Colorado’s 1,959 complaints in 2008 are a mere two percent of the national figure of 95,402, which represents a 15 percent increase nationwide over 2007. “The EEOC has not seen an increase of this magnitude in charges filed for many years,” said the Commission’s Acting Chairman Stuart J. Ishimaru. “While we do not know if it signifies a trend, it is clear that employment discrimination remains a persistent problem.”
Generally speaking, says EEOC national spokesman David Grinberg, about 22 percent of the charges filed have a favorable outcome for the aggrieved party. About 60 percent are found to be without merit by EEOC investigators, or without sufficient evidence, and the rest are dismissed because the person who initiated the charge cannot be found, or for other “administrative reasons.” The EEOC recovered about $376 million for discrimination victims in 2008.
Grinberg speculates that the increase in complaints is due to a confluence of factors, including the economy, increased diversity in the workplace, civil rights-savvy baby boomers reaching senior citizenship, and a continued lack of understanding of disabilities — the perpetuation of “myths, fears and stereotypes,” according to Grinberg — by employers.
“Disability does not equate with inability,” says Grinberg. “The Americans with Disabilities Act was passed in 1990 – here we are almost 20 years later, and it’s still a major problem in the workforce. People are often overlooked because of discrimination – people with disabilities are able, willing and eager to work, and they need the opportunity.”
Sienko says despite the inadequate resources in her field office, complaints about “egregious” discrimination are investigated immediately. “We triage the cases so we can get in there swiftly.” She cited extreme cases in which African Americans were confronted with nooses placed in their work areas and racist graffiti in restrooms, or women were exposed to ongoing sexual harassment.
The failed economy may worsen the situation. But “employers should not discriminate at all – whether the economy is good or bad. Discrimination makes bad business sense, no matter who it’s aimed at,” says Grinberg.
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