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Nationally, we are seeing a surge in employment discrimination claims, including age, gender, pregnancy and disability claims. The U.S. Equal Employment Opportunity Commission (EEOC) saw the highest increase in discrimination charge filings last fiscal year, the largest annual increase (9%) since the early 1990s. After several years of falling and/or nearly flat year-to-year comparisons, filings jumped from 75,768 in fiscal year 2006 to 82,792 in fiscal year 2007. According to the EEOC, nearly all major charge categories showed significant percentage increases from the prior year ' a rare occurrence.
Prospects for improvement in these numbers are dim. In early September 2008, the government released figures showing that the American economy lost 84,000 private non-farm jobs in August, the eighth straight month of job losses. The unemployment rate jumped to 6.1% in August, the highest in nearly five years. Both figures were worse than economists had forecast.
Even employers with carefully structured HR policies in place are finding themselves on the receiving end of more
discrimination claims in this environment. Employers are finding it necessary to cut costs and jobs. Job cuts and the elimination or reduction of raises make for unhappy employees, and unhappy employees are more likely to consider their legal options in a challenged economy than in times of economic strength.
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