In recent news, there has been a significant rise in the number of charges filed by commissioners at the Equal Employment Opportunity Commission (EEOC). The EEOC saw a total of 35 charges filed by commissioners in fiscal year 2023. This number is a considerable increase when compared with the 21 charges filed in 2022, and only three filed in each of 2021 and 2020.
These commissioner charges differ from standard EEOC complaints – they are targeted investigations of employers that can be initiated by any of the five EEOC commissioners. This means they have the authority to initiate probes for discrimination in companies even before a charge from an employee triggers such a process. It’s also important to note that these commissioner charges are confidential, and the initiating commissioner isn’t required to notify colleagues about the charge filed.
This rise in the use of this enforcement tool comes at a time when the EEOC is facing increased scrutiny over the legality of major corporate diversity, equity, and inclusion programs. Conservative group America First Legal, for instance, has called on the commissioner to investigate corporate DEI policies, contending that they are discriminatory.
Highlighting individual activity, Republican Commissioner Andrea Lucas filed the most charges – 15 in total – in fiscal year 2023. The EEOC’s vice-chair, Democrat Jocelyn Samuels, followed with 11. EEOC Chair Charlotte Burrows filed eight charges, while newcomer Kalpana Kotagal filed one. Notably, Republican Commissioner Keith Sonderling filed no charges in 2023.
The increasing use of commissioner charges is triggering more legal scrutiny for corporations and is likely to merit close attention from legal departments globally.
For more detailed analysis, visit the full report here.