This document summarizes legal trends in human resources based on an analysis of EEOC and FCHR charge data from 2000-2016. Some key findings include: (1) the number of EEOC charges have remained consistent but are influenced by economic conditions, (2) retaliation claims are now the most common basis for charges, and (3) Florida sees more charges than average and northwest Florida sees disproportionately high charges. The presenter advises taking all complaints seriously, standardizing the complaint process, avoiding retaliation, and being careful given the litigation risks in Florida.

1. Legal Trends
in Human Resources
Crunching the Data . . .
Robert C. Jackson, Esq.
HSMcLaw.com

2. Who’s Rob and
Why Should I Care?
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3. Legal Trends:
Something Different – Data Review
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• We All Have Assumptions About Lawsuits,
but what does the Data Say?
• Interactive.
• Don’t Be Afraid to Share your Thoughts
Please Ask Questions at any time

4. HSMcLaw.com
CHARGES

5. HSMcLaw.com
Brief Review
EEOC: Federal Agency Investigates Title VII Charges
Title VII: Title VII of Civil Rights Act
Discrimination based on Race, Religion, Sex, National Origin
FCHR: Florida Agency that Investigates FCRA Charges

6. EEOC Title VII Charges Nationwide
0
20000
40000
60000
80000
100000
120000
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
Race Sex National Origin Relgion Color Retailation

7. EEOC Title VII Charges Nationwide
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• Number of Charges Amazingly Consistent
• Appear Primarily Driven by Economy
• Long Term Trend is Up
Lesson: Economy Matters, but …
You will get a Charge. Be Prepared

8. EEOC Title VII Charges By Type
0
5000
10000
15000
20000
25000
30000
35000
40000
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
Race Sex National Origin Relgion Color Retailation

9. EEOC Title VII Charges Nationwide
HSMcLaw.com
• Race and Sex Down
• Retaliation Way Up - now No.1 basis
Lesson: Be Very Careful With Complaints

10. EEOC Title VII Charges Florida -Total
0
2000
4000
6000
8000
10000
12000
2009 2010 2011 2012 2013 2014 2015 2016
Race Sex National Origin Relgion Color Retailation

11. EEOC Title VII Charges Florida As a Percentage of US
7.6 7.8 8.1 8 8.1
8.5
8.1 8.3
7.7
8.1 8.4
8.9
7.9
8.3
7.9
8.7
12.3 12.2 12.2 12.4
15.5
14.1
12.8 13
7.3 7.4 7.5
8.3 8
8.8
7.6 7.98.1 8.1
9.4
6.1
18.1
6.6 6.5
9.4
7.6
8.4
9.1
8.3 8.1
8.7 8.7 8.7
0
2
4
6
8
10
12
14
16
18
20
2009 2010 2011 2012 2013 2014 2015 2016
Race Sex National Origin Relgion Color Retailation
Overall Population as a % of US: 6.31%

12. EEOC Title VII Charges Florida
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• More Charges than US as a Whole
• National Origin much higher
• Consistent over time
Lesson: Better Chance for Charge in Florida
More Litigious?

13. FCHR Charges 2015-2016

14. FCHR Charges 2015-2016

15. FCHR Investigations
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• Average OVER 200 days!
• Statute - must complete within 180 days
• Refusing to make decision – helps EEs
Lesson: Push FCHR Investigations to
completion. Don’t give them any excuses

16. FCHR Charges 2015-2016
6.6% Cause Findings
66.7% No Cause
26.6% Admin Closed

17. FCHR Charges 2015-2016

18. FCHR Charges By Type 2015-16
413
371
62
91
627
149
2015-16
Race Sex Relgion Color Retailation National Origin

19. FCHR Charges by Type
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• Similar to EEOC
• Retaliation More Prevalent than in Nation
• Refusing to make decision – helps EEs
Lesson: Florida is a high risk state

20. FCHR Charges 2015-2016
Across all industries – no breakouts

21. FCHR Charges – Top Ten Counties 2015-2016
Bay County No.7

22. FCHR Charges – Top 10 Counties 2014-2015
Bay County No. 8

23. Florida Population by County 2016
Leon, Escambia, Bay Not in Top 10

24. Florida Population by County 2016
Leon 22 (1), Escambia 18 (4), Bay 28 (7):

25. FCHR Charges by County
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• Bay much higher than normal risk
• Disproportionate No. of Charges in NW Fla
• Why?
Lesson: NW Fla is a high risk area

26. Data Summary
HSMcLaw.com
• Admin Charges generally rising, but
fluctuate with economy
• Retaliation is now No. 1 basis for charge
• Florida higher than expected charges
• NW Florida much higher than expected

27. Data Summary
HSMcLaw.com
You are in the highest risk geographic area,
in a high risk, litigious state, in an
environment of ever increasing disputes
between employers and employees.
So, what do you do about it?

28. Data Summary
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Ask for a Raise!

29. But Seriously . . .
How You Handle Complaints is Important
Why?
Most Dangerous from a Jury Standpoint
Growth Area of Charges
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30. Complaint Tips
Recommend deal with all complaints similarly:
• TAKE THEM SERIOUSLY
• Focus Complaint (in writing preferred)
• Investigate and Document
• Conclude and Follow Up with Complaintant
• Always Leave door open
• . . . put burden on Complainer
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31. Complaint Tips
Checklist is great for standardizing process
Act Professional
Treat employee with respect.
DO NOT RETALIATE!
Tell them not tolerated. And watch for it.
Watch your Timing . . .
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32. Other Trends or Thoughts?
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1. New Administration?
2. Ever Expanding Protections
3. Long Term: Workers Comp Style System

33. Wrap Up
Questions?
www.HSMcLaw.com
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