Donald Schroeder on EEOC Data Spike – 'There's more awareness'

Foley & Lardner LLP partner Donald Schroeder commented on the U.S. Equal Employment Opportunity Commission’s (EEOC) recently published discrimination charge data for fiscal year 2023 in the Law360 article, “3 Factors That May Underlie EEOC Color Bias Charge Spike.”

Schroeder noted the EEOC’s increased enforcement and said he believes that this, coupled with workers having a better understanding about how to pursue potential remedies for workplace mistreatment, underlie the rise in both color-based bias charges and bias charges across the board.

“There’s a little bit more awareness of agencies, specifically the EEOC [and] the Department of Labor, for purposes of pursuing claims than I think ever before,” Schroeder explained.

Another element Schroeder highlighted as a contributing factor is the growing scrutiny on the misclassification of workers as independent contractors.

“Obviously, if somebody is an employee under the law, they’re entitled to the protection of federal employment discrimination laws, whereas if they’re an independent contractor, they can’t avail themselves of that,” Schroeder added.

(Subscription required)