We're hearing some shocking news out of our local EEOC offices: charge filings up 300% since 2007; a backlog of mediations so big that they're flying in mediators from other states to cover the work load; and an average charge processing time of 12 months or more. While it's all anecdotal, I tend to believe it.
We always see an increase in EEOC charge filings after a presidential election cycle, but these cyclical increases have combined with the realities of a recession to create a perfect storm of employment disputes. When the economy is cruising, a lost job is usually a mere conduit for walking across the street and getting another one. When the economy is sinking, that business across the street isn't hiring and those who find themselves out of work tend to have more free time to dwell on how badly they think their last employer treated them. Combine these circumstances with an amended, supercharged Americans with Disabilities Act, a large number of reductions in force and their often cataclysmic effect on older workers, an invigorated labor movement, and a heightened sensitivity to race issues both regionally and nationally, and you have an unparalleled level of legal risk for all business, from sole proprietorships to Fortune 500s. Indeed, for the average business, the ancient wish that we may live in "interesting times" seems more like a curse than a proverb.
We look forward to this year's Tuscaloosa HRM Conference, an annual opportunity to survey the most challenging employment issues and the brightest ideas for handling them. Please join me and David Wiley for the Legal Update on Thursday morning, October 22.
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