Tap Discrimination Data to Address Workplace Diversity Issues

Discrimination charges are a barometer of employees’ perception of fairness in the workplace. Tracking them provides vital insight — a view that is lost if ignored.

When asked where the diversity issues in their company are, most diversity executives immediately turn to employee demographics. Comparatively low numbers of particular minorities may be obvious. An expensive statistical analysis may also reveal other problem areas. But is that enough?

One often overlooked but crucial piece of information is discrimination complaints. The Equal Employment Opportunity Commission (EEOC) saw an all-time record of charge filings in 2010, and while data has not been tabulated, the EEOC expects that trend will continue for fiscal year 2011. Those statistics are helpful to track litigation trends across the country, and are closely scrutinized by lawyers trying to read the tea leaves of how to best prevent future litigation. But these same statistics examined at the company level provide a unique look into the workforce’s perception of diversity.

For most companies, a charge filed with the EEOC is a matter for the legal department. It is handled by either in-house or external counsel, and human resources and operations are often asked to assist with investigations. A discrimination charge is viewed as a threat, and the goal when responding is to compartmentalize the problem and keep it from spreading.

Employers will strive for a swift response that will have the least impact on day-to-day operations. Once that threat is addressed and the charge is dismissed or otherwise resolved, most employers want nothing to do with revisiting the issue. This is a lost opportunity. A discrimination charge — regardless of the merits — is a barometer of employees’ perception of fairness in the workplace. Naturally, there will be opportunistic claimants who are only out to squeeze money from the employer. But most who file a charge sincerely believe there is a problem.

One challenge is collecting this information. Charges typically live in legal or some insulated arm of HR or operations. The nature of the charge, where it was filed and the specifics of the allegations are seldom tracked, or if they are, the data is kept only for legal review. With the proper database tool, however, a company can efficiently compile data for current and historical charges.