Employers Should Think Twice About Settling a Charge of Discrimination with the EEOC and PHRC
Even though the number of charges filed with the EEOC/PHRC have fallen since 2012, there is a good chance an employer will have to respond to a charge of discrimination. For example, in 2015, the EEOC received 89,385 charges. In 2014, the PHRC received 1,835 charges. The most common types of claims are retaliation, race and disability.
The agencies push hard for an employer to settle the case. Both agencies have mediation programs. However, the statistics show that for the EEOC, 80% of all charges are administratively closed or there is a finding of no reasonable cause and the case is dismissed. Only 3.1% of charges result in a finding of reasonable cause to support a claim of discrimination against an employer.
For the PHRC, 74% of cases are either administratively closed or result in a finding of no probable cause. The PHRC only found probable cause to support a charge of discrimination in 1.5% of cases.
Of the 3,146 cases pending with the PHRC at the beginning of fiscal year 2014, only 3 went to a public hearing.
Despite the pressure to settle a charge of discrimination with the agencies, an employer should resist that pressure if it has a valid defense to a charge. The statistics from the agencies confirm that the vast majority of cases are dismissed with no finding of liability.
The employment law attorneys at Goldberg Katzman can assist any employer in responding to a charge of discrimination with the EEOC and PHRC. We have handled numerous cases before the agencies and will be able to provide you with sound advice.