Written by attorney Vincent Peter White

What Percentage of EEO Complaints Result in a Finding of Discrimination?

In an effort to demistify their process, the EEOC recently published the following numbers:

"MYTH: Discrimination is found in less than 2 percent of EEO complaints.

FACT: Discrimination may occur in up to 33 percent of EEO cases.

The 2-3 percent figure cited for the rate of discrimination findings is a statistic that only tells part of the story.

The Equal Employment Opportunity Commission (EEOC) strongly encourages early resolution of cases both before and after a formal complaint is filed.

Of the 17,124 complaints closed in Fiscal Year (FY) 2010, 29 percent were resolved through settlements prior to a formal determination.

Many of these resolutions contained favorable outcomes for the complainant, including monetary and non-monetary benefits. Additionally, in FY 2010, of 40,563 instances of pre-complaint counseling, 55 percent of potential complaints were resolved by settlement or withdrawal before a complaint was formally filed."

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