FY 2018-2022 Charge Report Submitted to Congress

February 17, 2023

The Honorable Harold Rogers
Chairman
Subcommittee on Commerce-Justice-Science
and Related Agencies
U.S. House of Representatives
Washington, DC 20515

Dear Chairman Rogers:

Please find enclosed the U.S. Equal Employment Opportunity Commission’s (EEOC) report on the agency’s “A,” “B,” and “C” charges pursuant to the Consolidated Appropriations Act, Pub. L. No. 117-328 (2023). We appreciate the opportunity to provide the Committee with this explanation of the EEOC’s efforts to fulfill its mandate to enforce the nation’s anti-discrimination laws and to advance equal employment opportunity.

Since the EEOC was established, America has made tremendous progress in advancing equal opportunity in our nation’s workplaces.  Despite that progress, employment discrimination persists, and the agency’s role remains as vital today as it was in 1965. In FY 2022, the EEOC received 73,485 charges of workplace discrimination (19% more than in FY 2021), resolved 65,087 charges, and secured over $381.7 million for victims of discrimination in private sector and state and local government workplaces through voluntary resolutions and litigation. In addition, the EEOC received over 475,000 calls to its toll-free number and more than 218,000 inquiries, including 160,700 inquiries through its online intake and appointment scheduling system. 

Inventory Management

Because of the high demand for the EEOC’s services and to implement the agency’s mission of eradicating employment discrimination more effectively, the EEOC adopted Priority Charge Handling Procedures (PCHP) in 1995. Using PCHP, the agency categorizes charges of discrimination as “A,” “B,” or “C” based on the likelihood that an investigation will result in a finding of reasonable cause to believe discrimination occurred. The EEOC then allocates resources to investigations based on how a charge has been categorized, emphasizing that the investigation for each case should be appropriate to the particular charge. A particular charge’s category is not static and may change as a result of evidence the agency obtains during the investigation.

“A” charges are those in which there is evidence, that if unrefuted, indicates there is reasonable cause to believe discrimination has occurred.  “B” charges are those in which there is not enough evidence to warrant categorization as an “A” charge, and further investigation is necessary to determine whether there is a violation of the laws the EEOC enforces. Category “C” charges are those in which there is evidence indicating that there is not reasonable cause to believe discrimination has occurred, as when a charge alleges violations of laws that the Commission does not enforce. “C” charges are closed quickly -- often at intake -- so that resources can instead be devoted to “A” and “B” charges.

In recent years, the EEOC, through refinements to its processes and systems and by hiring investigative staff, has made significant progress in managing its inventory of charges. In FY 2022, led by Chair Charlotte A. Burrows, the agency continued rebuilding its staff, which in FY 2020, had reached its lowest level in four decades. The EEOC authorized hiring for more than 352 positions and ended FY 2022 with almost 2,200 employees. With additional staff, the EEOC can devote more time and resources to developing and resolving charges and thus better serve the public.

The EEOC has also devoted significant resources to modernizing its charge management system to increase efficiency and deliver timely service to the public. In FY 2022, the agency replaced its decades old electronic case management system with a modernized system for managing its pending inventory of discrimination charges. The agency also has continued to enhance its online portals for charging parties and respondents, which allow them to communicate with investigative staff, submit evidence, schedule interviews, and check the status of investigations. These recent efforts—combined with training—have positioned the EEOC to manage its workload as efficiently as possible.

Investigation Quality

The EEOC continues to focus on the quality of its investigations to further its mission of preventing and remedying discrimination. In FY 2015, the agency approved a plan for Quality Enforcement Practices (QEP) to provide a consistent, agency-wide framework to enhance the timeliness and quality of investigations. The QEP sets forth the practices that are expected at different stages of the administrative process to ensure that charges are resolved in a timely and thorough manner.

Data

Finally, we are enclosing the following charts responsive to the request set forth in the appropriations report language.

1. Five years of receipts, pending workload, and totals:
   1. Private sector charges
   2. Numbers of “A,” “B,” and “C” charges

Posting of Data

As also requested, we have posted the numbers of “A,” “B,” and “C” charges from FY 2015 through FY 2021 on our website and will soon update that information to include numbers from FY 2022.

We hope this information is helpful to you. The EEOC’s staff remains strongly committed to advancing the promise of equal employment opportunity in American workplaces. We look forward to continuing to work with you to realize that goal.

Sincerely,

Jacinta Ma
Director
Office of Communications and Legislative Affairs

Enclosure

cc: The Honorable Matt Cartwright
Ranking Member

DATA

1. Five fiscal years of receipts, pending workload, and totals:
   1. Private sector charges

      Private Sector	Charge Receipts	Pending End Inventory
      FY 2018	76,418	49,607
      FY 2019	72,675	43,580
      FY 2020	67,448	41,951
      FY 2021	61,331	42,811
      FY 2022	73,485	51,399

   2. Numbers of “A,” “B,” and “C” charges over the last five fiscal years:

      	Category A	Category B	Category C	Uncategorized
      FY 2018	21,843	29,401	23,979	1,195
      FY 2019	20,339	30,045	21,241	1,050
      FY 2020	18,182	30,700	17,779	787
      FY 2021	14,995	31,112	14,650	574
      FY 2022	19,219	37,381	15,801	1,084