Most complaints were for reprisal/retaliation, followed by age and physical disability. Image: Nigmatulina Aleksandra/Shutterstock.com
By: FEDweek StaffUse of alternative dispute resolution prevents many federal workplace disputes from becoming formal EEO complaints but when such complaints go through the entire process, both the time to reach a decision and the cost to agencies have increased in recent years, the EEOC has said.
The latest figures from the EEOC, covering fiscal 2020, show that when ADR is used at the pre-complaint stage, in just under half of cases the result is a withdrawal with no complaint filed, and there is a settlement in nearly another fifth. It said there were 14,003 complaints filed in 2020—that’s about 100 fewer than in 2019 and nearly 900 fewer than in 2015.
However, the average time to closure of a complaint increased from 403 days in 2015 to 612 in 2020. That included an increase from 184 to 204 days over that period in the time it took agencies to complete their internal investigations.
The total monetary benefits to employees who prevailed in complaints rose from $61.9 million to $66.5 million; the highest in that period was $68.6 million in 2016. Those costs include back pay, lump-sum awards, attorneys fees and other benefits to the employees.
The basis most frequently alleged in complaints was reprisal/retaliation (7,506), followed by age (4,221) and physical disability (4,214); the agency actions most frequently complained of was non-sexual harassment (7,449), followed by disciplinary action (3,562) and promotions/non-selection (2,060).
It said that in 2020, agencies spent $3.7 million on pre-complaint settlements, $51.6 million on EEO complaint investigations, and $66.5 million in monetary benefits for findings of discrimination and complaint-stage settlements.
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