Sign of the Times: State of Economy Sees Explosion of EEOC Claims

*By Jon M. Dileno

More than 70,000 claims were filed with the Equal Employment Opportunity Commission (EEOC) for the six months leading up to April 2010, alleging various types of discrimination. This amounts to a 60% increase in claims filed for the same period last year. The dramatic increase in claims is likely a product of the economy, where more workers are being terminated and are also finding it more difficult to find jobs, thereby becoming more likely to sue.

One of the specific areas of increased claims are those based on disability discrimination. In 2009, more than 21,000 individuals filed disability-based claims with the EEOC, amounting to a 10% increase from 2008, and a 20% increase from 2007. Congress’ recent amendments to the Americans with Disabilities Act, wherein it expanded the definition of “disability,” have undoubtedly contributed to the increase in claims based on physical or mental disabilities.

The EEOC has also seen an increase in complaints generated by employees of Muslim faith. In 2009, Muslim workers filed a record 803 claims – an increase of 20% from the previous year. Muslims make up less than two percent of the U.S. population but account for about one-quarter of the religious discrimination claims filed with the EEOC. The EEOC has recently filed several lawsuits on behalf of Muslims. Additionally, the EEOC has seen a significant increase in complaints from males alleging sexual harassment and complaints from federal employees.

Given the protracted nature of our country’s economic downturn, complaints with the EEOC are not likely to subside anytime soon. In response, Employers need to make sure their work environments are free from discrimination by maintaining adequate policies and through the training and education of their workforce. To that end, Employers should consider whether their employment policies and training practices are in need of updating and review, in light of recent trends and developments in the law.

*Jon M. Dileno has extensive experience in all aspects of public and private sector workplace law, including defending contentious claims with the EEOC. For more information, please contact Jon at 216.696.4441 or jmd@zrlaw.com.

Put the Phone Down! The DOT Announces Hazmat Truck Drivers Banned From Texting

*By Stephen S. Zashin

The Department of Transportation (DOT) announced September 21, 2010, during the National Distracted Driving Summit, that the agency will implement a new rule banning commercial truck drivers from texting while transporting hazardous materials. The rule will also ban train operators from using cell phones or other wireless devices while working. Drivers cited for texting will be subject to civil or criminal penalties of up to $2,750.

The announcement comes as no surprise as the agency has begun to crack down on distracted driving. The DOT stated that nearly 5,500 people were killed and 450,000 injured in distraction-related crashes in 2009 alone.

These new rules complement additional rules being finalized by the Obama Administration that prohibit commercial bus and truck drivers from sending text messages on the job. Federal employees driving on government business are already prohibited from texting and 30 states currently ban text messaging for all drivers.

The DOT reports that nearly 1,600 companies have agreed to be part of a program to encourage private firms and groups to implement distracted driving policies. In addition, 550 organizations have already pledged to enact distracted driving policies for their employees. Both of these initiatives are estimated to cover twelve million U.S. workers within the next year.

If your company does not have a policy about employees driving while texting or talking on a cell phone, you should consider whether such a policy makes sense for your organization.

*Stephen S. Zashin, an OSBA Certified Specialist in Labor and Employment Law, has extensive experience in all aspects of workplace law, including drafting workplace policies for employers. For more information about Ohio employment law, please contact Stephen at 216.696.4441 or ssz@zrlaw.com.