Last year was the busiest ever for the EEOC, which shattered all previous records for handling private-sector workplace discrimination complaints. Employees filed 99,922 complaints during fiscal year 2010, which ended Sept. 30, 2010.  That’s up from 93,277 in 2009, a 7% increase.

For the second year in a row, more employees complained about retaliation than any particular form of discrimination. The 36,258 retaliation complaints represent an 8% increase from 2009, and a whopping 61% increase since 2006.

Race discrimination, historically the source of most EEOC complaints, resulted in 35,890 filings. Sex, disability and age discrimination complaints also topped 20,000 each. National origin discrimination and religious discrimination rounded out the top seven complaint causes.

Filings increased in all categories in 2010. See “EEOC’s Top 7” below for more stats. A complete report, including trend data, is available online from the EEOC’s web site.

The new EEOC stats offer important lessons for employers:

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EEOC's Top 7: The most popular job bias claims of 2010

Here’s how many complaints the EEOC handled last year, broken down by discrimination category. Percentage increases over 2009 appear in parentheses.

401(k) CONTRIBUTION LIMITS FOR 2011

On to our feature article ....

Unsolicited Resumes: How They Create
 Employer Liability and What To Do About It

                      

Most employers develop their own policies regarding how to handle the acceptance or return of unsolicited resumes. It is important to know that there are risks associated with maintaining unsolicited resumes and the best policy an employer can adopt is to return all resumes not sent in reply to a job advertisement. This is true because for years, Civil Rights groups and government agencies have used persons described as testers to seek out employers that may be engaging in Civil Rights violations. 

Testers are typically sent to employers in pairs. For example, one tester might be a white male applicant applying for a job that he or she does not intend to accept. The other tester might be a minority applicant with equivalent qualifications, education, experience, references, and other factors relevant to the position. The goal is to "test" how the employer treats the minority. The agency or group using the testers will compare the employer's treatment of both parties from the hiring through the selection process. 

Even though testers are not really seeking employment, there is a legal precedent granting testers the right to sue if the Equal Employment Opportunity Commission (EEOC) finds discrimination. If you are an employer, there are some steps you can take to protect your company. 

First, and most importantly, it is best not to accept unsolicited resumes. If you have a website, you should state in bold letters that the company does not accept unsolicited resumes or applications. When you only accept applications or resumes for announced job openings, then it is easier to identify the candidates that match the qualifications and experience necessary to perform the job. A well-written and thorough job description can serve as an effective filter, enabling only the best-suited candidates to pass through. In addition, a detailed job posting makes the factors used in the selection process much clearer, and it becomes much easier to explain, and defend if necessary, why one candidate was chosen over another. 

If you need to accept unsolicited resumes and applications to expand your access to qualified applicants, be sure to develop a strict policy for handling them. In the policy, describe how these documents will be reviewed, how they will be handled if no position is currently open, and how the applicant will be notified of his or her status in the screening process. You may also want to inform the person if his or her application will be kept on file for future consideration. 

If there are no present openings, or if the applicant is being denied the position, you may wish to list the qualifications the person does not meet in an effort to protect against claims of random discrimination. 

Having a consistent policy in place minimizes the chances an employer will act inconsistently when receiving resumes or applications. Applying this policy without exception is an employer's greatest defense to claims of discrimination. 

If your company decides to accept unsolicited applications and resumes, you must review each resume submitted. To review, it is recommended that you be consistent in reviewing the applicant's qualifications and have a written policy for how such unsolicited documents are handled. Once you have accepted the resume or application, it becomes a legal employment record and you must comply with applicable State and Federal laws, such as those regarding record retention and privacy. 

In conclusion, whether you choose to return unsolicited resumes and applications or you choose to maintain such records, make sure  have written policies and procedures in place for handling such documents, and that you follow those procedures without fail. Also, remember that any documents you maintain must comply with State and Federal laws. 

Source: © 2004 The Human Equation- Laurie Meyers, Esq.
 

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President and Principal Consultant: Margaret Jacoby, SPHR

Margaret Jacoby has more than 25 years of Human Resources and professional management experience in a variety of industries. She has designed human resources infrastructure and implemented systems to ensure compliance with state and federal employment laws. She has directed high quality human resources functions for small and emerging businesses, and served as an external consultant to a wide range of erse organizations, including non-profits.

Her work has included:

• Conducting H.R. Needs Assessments

• Drafting employee handbooks and policy manuals

• Conducting job analysis and developing position descriptions

• Conducting on-site compliance audits

• Counseling management on progressive discipline

• Drafting and review of employee disciplinary actions

• Providing mediation in employee/employee conflict

• Training employees/supervisors/managers in the implementation of human resources systems and policies such as Sexual Harassment

• Conducting workshops for business owners on H.R. compliance issues.

Ms. Jacoby has earned the nationally-recognized certification of Senior Professional in Human Resources (SPHR) from the HR Certification Institute, Society for Human Resource Management (SHRM).

Ms. Jacoby’s professional affiliations include:

• Professionals in Human Resources Association (PIHRA)

• Society for Human Resource Management (SHRM)

• National Association of Women Business Owners (NAWBO), Los Angeles and Phoenix

• California Chamber of Commerce

• Arizona Small Business Association (ASBA)

• Long Beach Community Business Network (LBCBN)

• Institute for Management Consultants (IMC)

The information contained in this newsletter is provided as general information and is not a substitute for legal or professional advice. The information is provided by MJ Management Solutions, Inc. and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the newsletter or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.