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Job Discrimination Complaints Hit All-Time High

Unemployment

First Posted: 11/16/11 03:47 PM ET Updated: 11/16/11 06:03 PM ET

WASHINGTON -- The federal agency responsible for investigating employment discrimination charges reported this week that the number of complaints coming from workers and job seekers has hit an all-time high.

The Equal Employment Opportunity Commission received just shy of 100,000 charges from citizens during the 2011 fiscal year, the most logged in a single year in the agency's 46-year history, according to a new report. The agency also managed to obtain a historic amount of monetary relief for alleged victims of job discrimination -- $365 million, the most on record.

The EEOC handles cases involving hiring and pay discrimination based on age, race, sex, religion and disability, among other factors. Christine Nazer, an agency spokeswoman, says the EEOC hasn't tried to account for the rise in complaints this year. "We really don't know why our charges increase or decrease, as we haven't conducted any studies," she says.

But employment discrimination experts say the growing number of charges has everything to do with the sputtering economy. With unemployment hovering around 9 percent and 13.9 million American still out of work, some of the less scrupulous employers have more opportunities to discriminate in their hiring.

The EEOC's numbers reflect the "severity of the economic downturn," says Christine Owens, executive director of the National Employment Law Project, an advocacy group for workers.

"At times like this, when job loss makes workers especially vulnerable, employers bent on breaking the law are even more likely to do so," Owens told HuffPost in a statement. "The strong report the EEOC has released today underscores how critical it is for America's workers that we maintain robust laws and regulations to ensure protection of basic labor standards."

Employment discrimination complaints filed with the EEOC have generally been rising over the previous decade, with a pronounced spike during the weak economy of the last four years.

The tough job market has been particularly unforgiving for older workers, many of whom feel they're the last to be hired due to their age. Jobless Americans over 55 years of age have been twice as likely as younger people to be out of work for 99 weeks or longer during the downturn. To cite just one example of alleged discrimination, the EEOC filed a lawsuit against Texas Roadhouse restaurants in October, claiming the steakhouse chain has been biased against older applicants in their hiring.

Laurie McCann, a senior attorney with the AARP, the powerful lobby for seniors, said discrimination charges filed with the EEOC tend to "mirror what's going on in the economy."

One stat not included in the new report is the number of job seekers who've alleged discrimination because they're unemployed. Many job seekers have been discriminated against simply because they're already out of work, McCann said, with online job sites allowing employers the unemployed that they need not apply.

But that practice currently doesn't break any federal laws, though President Barack Obama has proposed making such discrimination illegal for most employers.

There are currently 5.9 million Americans who've been out of work for 27 weeks or longer. Speaking specifically about age discrimination, McCann says the number of complaints probably won't drop until the job market turns around.

"We don't expect that to change until we really start to make inroads with the long-term unemployed," she said.

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WASHINGTON -- The federal agency responsible for investigating employment discrimination charges reported this week that the number of complaints coming from workers and job seekers has hit an all-tim...
WASHINGTON -- The federal agency responsible for investigating employment discrimination charges reported this week that the number of complaints coming from workers and job seekers has hit an all-tim...
 
 
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HUFFPOST SUPER USER
Reikoku Jaken
My economic philosophy? Pragmatism
09:40 PM on 11/19/2011
White women ages 15-24 who have not graduated high school have lower incidence of unemployment than white men who also did not graduate.

IT IS OBVIOUS that white high school dropouts are being discriminated against.
12:58 PM on 11/19/2011
10 Reasons Why "Blacks" May Have A Hard Time Voting For Obama In 2012…..……
http://youtu.be/ne-qPW6cofE
11:17 PM on 11/18/2011
If you speak English for a first language here you are not hired here or if you born in the United States unless your family came here illegally, where I live Whites and Blacks are discriminated against, and I'm so tired of employers making it mandatory for Blacks and Whites to be bilingual because many workers CAN NOT SPEAK ENGLISH. (((Amy's Kitchen)))
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HUFFPOST SUPER USER
Scott Leland
11:42 AM on 11/19/2011
Yes, I have had the same experience here in Los Angeles where a lot of the employment ads say "Spanish speaking a plus" (native born Americans need not apply.) I have tried to apply in-person for advertised jobs only to be told "that job is filled" while there are immigrants crowded around the lunch truck in the parking lot.
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HUFFPOST SUPER USER
mochaview
Big Money Talks Too Much...OCCUPY!
07:33 PM on 11/28/2011
I see this mess all over NY. It's time to start boycotting the businesses that do this time and time again. There is always this nonsense talk about helping to fight for illegal immigrants rights and so on when they're now currently the tool used to control labor. This has been going on since the 1850's in NYC when each new group coming in was used to suppress the wages of who was already here. The Irish met Blacks, English, and then so on with the next wave and the next wave. The only difference is you were expected to learn English.
At every deli around Zucotti Park this is the phenomenon. While many of them were glad to see the protesting I couldn't with a clear conscience watch Americans and legal immigrants unable to find a job, including American kids looking for an after school job while in high school or in college, being kept out of jobs at the local McD's and pizza joints because they're held by desperate people working in a capacity those jobs were never meant to be in the first place. We must also remember that a lot of American companies have evil practices in Mexico/other poor countries that cause this immigration as well. So long as we patronize the businesses that use them, we give them power to do this. Boycott!
01:48 PM on 11/18/2011
It should also be unlawful to shred someones resume because they don't have a Christian name and/or sound White on paper. But, HR representatives of whom the vast majority are white females, do it all the time, even if the candidate is qualified and an American citizen. The message to all Americans of color. It's the year 2011 and even though this nations' economy is spiraling down the drain, white privilege and the comfort of being surrounded by homogeneity in the office and residential neighborhoods supersedes skills.

Of-course, the irony is, these are the same women who complain that they get paid 70 cents to the dollar and have the audacity to define themselves as minorities, fully knowing that they are the true beneficiaries of the privilege their skin color grants them in this segregated "melting pot" we call America.

But hey, who am I to complain? They are rejecting the boomer generation from employment; the same generation who grew up in sundown towns, who, in this modern era wonder in amazement why black people just don't magically wake up and get their act together.

Go HR...!
12:29 PM on 11/19/2011
Very well-written. And you wrote "supersedes" with an "s." Thank you! I like.
04:16 PM on 11/19/2011
And yet, you're not a fan and/or a friend :(
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HUFFPOST SUPER USER
Reikoku Jaken
My economic philosophy? Pragmatism
09:25 PM on 11/19/2011
Your ability to show racism, sexism, self-victimization, ignorance, and unadulterated lies in a single post is amazing. Have you ever considered running for a political office?

I mean the logical shortfalls of your rhetoric are amazing considering that the boomer generation is having an easier time than recent college graduates. Furthermore because it is indeed amazing why graduation rates among poor blacks are so bad when compared to poor whites from the same neighborhoods.

But I guess its just the black teachers who are so inculcated that they hate "their own", eh?
07:36 PM on 11/20/2011
The illiterate of the 21st century will not be those who cannot read and write, but those who cannot learn, unlearn, and relearn. ~Alvin Toffler
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HUFFPOST SUPER USER
Shelly Santiago
Blogger/Author
12:02 PM on 11/18/2011
It should be unlawful to give jobs to people just because the speak Spanish. A lot of the entry level jobs require or prefer someone Spanish speaking. This is discrimination in my book. When we lived in Germany I learned the language. I was offered a job outside of post. Why do we have people who live here that refuse to learn the language, and why do we cater to them? I can see some positions requiring Spanish speaking ...however working at the AAfes Headquarters for entry-level jobs shouldn't prefer Spanish speaking people because the workers that work at their call centers speak to our Army&Air Force. Last time I checked our military was mostly English speaking! The government isn't doing anything to help the problem when they allow situations like these to continue.

Recently, I started applying outside he United States. I told my husband I have a better chance finding work in Germany, or Italy than here in our home state of Texas...Sadly.
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HUFFPOST SUPER USER
Scott Leland
11:51 AM on 11/19/2011
Yes, here in Los Angeles many of the employment ads say "Spanish speaking a plus" (native born Americans need not apply.) The military is recruiting thousands of immigrants every year that can barely speak English.

We have to let the corporations know that we will apprecite them hiring Americans to get the Recovery going:

http://www.flixya.com/blog/3201910/Beautiful-Butterflys
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HUFFPOST SUPER USER
election2012
An independent voice for the greater good.
11:44 AM on 11/18/2011
I have no idea why some of you think the EEOC is just for African-Americans. It's for complaints against all kinds of unlawful discrimination including: age, religion, gender, etc. Get real.
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HUFFPOST COMMUNITY MODERATOR
dimplesmile7
05:36 PM on 11/22/2011
Only ignorant people believe it's for people of color.
HUFFPOST SUPER USER
judi9694
09:08 AM on 11/18/2011
Cont.
That is how families survived in the past and that is how the workplace with thrive if they makes the right hiring decisions and have enough vision to see a range of ages, races, and preferences will help their organization prosper in the future, after all consumers come in all ages, races, with various degrees of disability: no one is perfect.
HUFFPOST SUPER USER
judi9694
09:07 AM on 11/18/2011
Actually, older employees are better. Their kids are grown, their relationships are worn, they have few obligations, their health is better since they have lived and learned not to rely on the health care system; they are good researchers, and they are committed to the job. Older workers are low maintenance, younger workers are all caught up in their social relationship family dramas, after 40 you just move into acceptance mode. Older workers are more level headed, focused, and diligent about work. They have lived long enough to learn how to do things right. Younger workers have less to loose and therefore move on more quickly, costing companies $ in lost training costs. Older workers have qualitative life experience that saves employers money. They have been through the school of hard knocks and know where not to go and where to go. Having said that, the combination of older and younger workers makes perfect sense. Younger workers have fewer experiences that prevent them from taking risks that grow business, and older workers are the governors, they see the possibility as well as the risk. The combo is a good one. Reframe the workplace, think of it as an extended family, each age group has valued contributions and when they work together all the strengths of different ages build a more productive workplace.
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HUFFPOST SUPER USER
mochaview
Big Money Talks Too Much...OCCUPY!
07:55 PM on 11/28/2011
Makes sense to me so why the high unemployment rate/ discrimination against people 50 and above? The discrimination is rampant!
HUFFPOST SUPER USER
judi9694
08:47 AM on 11/18/2011
Obama can easily slam this process. All employers are going to be required to fill quotas and that is no way to go!
This user has chosen to opt out of the Badges program
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05:11 AM on 11/18/2011
People should be allowed to hire (or not hire) anyone they want, its their money.
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HUFFPOST SUPER USER
Mark Gunn
Prophet Of Rage !
07:59 AM on 11/18/2011
Not when the taxes we pay help support their businesses...Police, fire, the very street those businesses are located on...
08:42 AM on 11/18/2011
my taxes support those business? wow you'll make up anything to defend your excuses as to why your entitled to something.
11:04 AM on 11/18/2011
so where do you think this mystical control stops
11:03 AM on 11/18/2011
agreed
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HUFFPOST SUPER USER
election2012
An independent voice for the greater good.
01:10 AM on 11/18/2011
Here's a nice way to find your unemployment rate by age, gender, education and race, though figures end at 2009, it's still interesting to see trends.

http://www.nytimes.com/interactive/2009/11/06/business/economy/unemployment-lines.html
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HUFFPOST SUPER USER
syds180turn
Independent and Proud of It!
10:30 PM on 11/17/2011
I have a friend that sent his resume to a company and they notified him that they wanted him to do a phone interview as the initial screening process. He did and the woman interviewing him appeared to be friendly enough, however before she would send his resume down the line for a second interview, she wanted him to send her a picture. He asked why and got the "well we here at XYZ company just want to match the face to the resume before it's moved into the second interview". Really? In this state where we live, that's illegal. He's not an actor sending in a headshot, what kind of nonsense was that. He immediately got the sense that she wanted to know his race because she started beating around the bush when he said, "look, I'm a 6foot 3inch Black man and if that's really what you wanted to know, then, let's stop the game playing. Subsequently, we found out that this company has been under investigation for questionable hiring practices before. Only in corporate America can they come up with silliness to keep certain people out of the their companies.
12:26 AM on 11/18/2011
And I wish I would have had a recorder with me several years ago when I was applying with a police department. I had police experience in the military, scored in the 90% range on the civil service exam even without veterans preference points and far exceeded the minimum number of college semester hours required.

I went in for an interview with a black female sgt. She told me to my face that although I was extremely well qualified, my chance of getting into the next academy class was slim because I was a white male. She said the previous two classes had been 90% white male and the next class they were trying to get AT LEAST 50% women and minorities.

Consequently, I did not get hired as a patrol officer and therefore did not get into that police academy class. Instead, they filled the class with people who had minimum qualifications.

I did go back a few years later and was hired to work in the jail.
HUFFPOST SUPER USER
Steven Mackey
02:05 AM on 11/18/2011
But unfortunately you would would have no case for discrimination because you are white even though she didn't even deny that she was going to discriminate against you.
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HUFFPOST SUPER USER
syds180turn
Independent and Proud of It!
03:07 PM on 11/18/2011
Discrimination is wrong no matter what. People should be hired based on their qualifications and willing to do the job, not race. That should not have happened to you nor should anyone give a Black person a job because they're Black. I'm a female person of color and I've had my share of craziness...I'm also German...try that one on for size. But I'm gad that you finally got hired...hopefully in position you're satisfied with.
HUFFPOST SUPER USER
Ashok Hegde
01:38 AM on 11/18/2011
No, it also has to do with fraud. People use friends on phone interviews. They ask a more polished person to do the phone screening, hoping it helps them get through.

It's not silly.
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HUFFPOST SUPER USER
syds180turn
Independent and Proud of It!
03:08 PM on 11/18/2011
Yes it is silly because in most states, that's illegal. And as I said, that company had multiple complaints and fines for questionable hiring practices. They were not on the up and an up in regards to how they hired people and who they hired.
10:03 PM on 11/17/2011
A lot of older unemployed workers are having a tough time finding work unless they already have a good networking pal to get them in. But simply applying cold, they see your age and put you on the back burner once you hit 50.
oilfield
small manufacturing business owner
12:17 AM on 11/18/2011
i think the folks that wont hire over 50 are missing out....but it could be because they are expecting to earn a lot more.
12:56 AM on 11/18/2011
I agree. I work for a program that helps people over 50 find jobs and we have our own job website that smaller businesses can post openings to for free. We've actually had people tell us "off the record" that they wanted us to refer candidates that were as close to 50 as possible and were at the younger end of our client range. They didn't want anyone "too" old.
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surfandshop
"What we think, we become."
09:49 PM on 11/17/2011
Sadly, such practices of not hiring unemployed make good business sense. Employers are flooded with applications of people they do not know and who worked for closed companies. It takes so much effort to track down references from past employers. If you hire someone already working, it is easy to check references. The economy is worse than we can imagine...time to help each other out.
09:22 PM on 11/18/2011
If any of the former employers are still in business, one can still get references. I do it all the time.
09:44 PM on 11/17/2011
My husband has been out of work for 2 months now and he's being told he is too overqualified for the jobs he is interviewing with. This country needs to make some changes quick! I am really hoping we vote a differnt President in who will get this country back on track.
09:56 PM on 11/17/2011
The best president is Obama. Why would anyone want to put another Bush into office? He caused the problem in the first place. The republicans running for office are far worse. Two days ago, on the TV news, they were talking of cutting Social Security and raising the retirement age to 80 years of age. 80 years of age! The entire purpose of Social Security was to get the elderly people out of the factories to open up jobs for the young generation. Raising the retirement age defeats this purpose and reduces the number of jobs available. If they wanted to increase the number of jobs available, it is more logical to raise Social Security and reduce the retirement age. This would open up jobe for the young people.
HUFFPOST PUNDIT
RMorr2002
12:09 AM on 11/18/2011
The best President is obama?????????? You obviously have not been paying attention! 76% of the people believe that the country is going in the WRONG direction! 9% Unemployment for the past 30 months, record deficits, record foreclosures....... obama will go down in history as one of the worst and most divisive Presidents EVER.
oilfield
small manufacturing business owner
12:18 AM on 11/18/2011
we are just getting back to the number of employed folks since bush left.
12:09 AM on 11/18/2011
I don't get it, are you saying it's Obama's fault that you're husband was not qualify for a job. why did you go to the company who was doing the hiring? Some people are just soooo stupid sometimes.