Captain obvious weighs in: The heavy hitters (Race, Sex, and Age) have all generally decreased since 2008, and pretty much flat-lined this year . . . and then there are the disability claims, which have skyrocketed since 2008 and increased by over 1,600 this year. I'm gonna go out on a limb and tie this to the ADAAA, which took effect on January 1, 2009. At the time, disability claims ranked fourth. Now, they're second (behind only race).
- Retaliation claims (39,757) - A new record! The number of retaliation claims has doubled since 1997. By comparison, total charges have increased by less than the total increase in retaliation charges. This should be a giant flashing sign to employers: Adopt strong anti-retaliation policies and take steps to avoid retaliation!
- Color (2,833) - I didn't include Color in the chart because it's a small number and I suspect the vast majority are just "add-ons" to race discrimination claims.
- GINA (257) - I keep waiting for wellness plans to put GINA claims through the roof.... but it's just not happening. Maybe 2016 will be the year?
- Equal Pay Act (973) - I'm often surprised by the low number of EPA claims. Politicians frequently advocate "equal pay for equal work" for women... but we already have a statute that requires just that - and it's rarely used.