Heavy job losses cited in surge of bias allegations

NORFOLK

Job-discrimination complaints jumped 7.5 percent last year at the Norfolk office of the Equal Employment Opportunity Commission.

Attorneys and agency officials blamed the economy.

"It has a lot to do with the fact that there's been an extreme recession," said Lisa Bertini, an attorney for workers and a shareholder of Bertini O'Donnell & Hammer PC in Norfolk. "People are being let go and are searching for reasons. It may or may not be related to discrimination."

Nationally, the increase was even larger - at 15 percent - for a total of 95,400 complaints, the federal agency reported. The 2008 numbers cover the federal fiscal year, Oct. 1, 2007, to Sept. 30, 2008.

"The EEOC has not seen an increase of this magnitude in charges filed for many years," the commission's acting chairman, Stuart Ishimaru, said in a statement. "... It is clear that employment discrimination remains a persistent problem."

The regional increase might have been less than the national upsurge because "the economic slowdown did not occur quite as fast in Virginia," said Reuben Daniels, the director of the agency's Charlotte, N.C., district office.

David Grinberg, an agency spokesman in Washington, said the spike in complaints also reflects noneconomic factors, including increased diversity in the workplace, older people working longer, greater awareness of the law and EEOC efforts to make filing easier.

The most common types of complaints locally and nationally involved race, gender and retaliation. Bertini said she has seen more retaliation claims.

"In the typical situation," she said, "a person thinks something occurred that was inappropriate, and they go to HR. Even before there could be a valid investigation, they get written up for something. Within another week they're gone, and they've had a pretty fair performance before they complained.

"Now you have a retaliation claim," Bertini said. "I complained, and you treated me differently for complaining."

Dean Buckius, a partner with the Norfolk firm of Vandeventer Black LLP, represents employers. He said he has experienced a "moderate increase in claims," though he doesn't think "employers are routinely discriminating more."

Buckius also suggested the rise is tied to "a substantial increase in layoffs."

EEOC complaints often include more than one type of discrimination. Buckius said nearly every complaint he's handled lately alleges retaliation, in addition to another claim, such as race or gender bias.

An investigation of a complaint takes an average of 230 days, said Grinberg, the EEOC spokesman. About 60 percent of the complaints are found to be without "reasonable cause."

In cases where the agency finds merit, the complaint may be resolved by mediation or settlement. In a small minority of cases - about 300 last year - the EEOC sues the employer.

Even if the agency finds no substance in the complaint, the person who filed it may later sue the employer.

Philip Walzer, (757) 222-3864, phil.walzer@pilotonline.com