EEOC: LI bias claims down, up nationwide

Bucking a national trend, overall discrimination claims filed against Long Island employers declined in 2010, according to recent data from the U.S. Equal Employment Opportunity Commission, but some categories showed increases, especially in Nassau County.

The news surprised some local employment attorneys who said they have seen a jump in discrimination filings and inquiries from laid-off workers concerned they lost a job because of factors such as age.

"We're not seeing a reduction in the amount of phone calls and the amount of [EEOC] charges we are filing," said employment attorney Troy L. Kessler of Shulman Kessler in Melville.

The EEOC logged 319 discrimination filings against employers in Nassau in the year ended Sept. 30, down from 428 the year before, according to data the agency provided as part of a national report released recently. In Suffolk, which has had some of the Island's most high-profile discrimination cases, the numbers also dipped, to 196 from 218.

By contrast, EEOC discrimination filings nationwide reached a record 99,222 in fiscal 2010, compared with 93,277 the year before. And for the first time since the EEOC's debut in 1965, retaliation charges - allegations that employers punished employees for complaining of discrimination - surpassed race bias as the most frequent charge filed, the agency said.

The number of filings for retaliations totaled 36,258, compared with 35,890 for race bias.

The EEOC attributed "the surge" in overall filings to several factors, including the economy, demographic shifts in the workplace, more awareness of the law and greater agency outreach.

While some local attorneys weren't surprised at the national trend, they were taken aback to hear that the Island's numbers declined.

Kessler estimates that the inquiries and filings for his firm are up 50 percent for 2009- 2010, compared with 2007- 2008. He said most of the complaints have involved alleged discrimination against pregnant women or women with young children, and age bias. The workers maintained they were the first to lose their jobs in a layoff.

Leeds Morelli & Brown, a Carle Place law firm that specializes in discrimination cases, has seen a spike in inquiries from employees wondering whether they were the victims of age bias or sexual harassment, said spokesman Scott Cholewa. He attributed some of the rise to the long-term unemployed, who were initially afraid to sue a former employer while job hunting. After not finding a job, they felt they had nothing to lose, he said.

"I think because of the economy and unemployment and the dim hope they will get a job in the future, it lessens that fear and emboldens them," Cholewa said.

In Nassau, complaints about race experienced the biggest jump, rising to 106 from 90. In Suffolk, filings alleging disability bias rose the most - to 56 from 48.

Despite the increases, some attorneys said they haven't seen a jump in discrimination filings and inquiries. Attorney Robert Lipman, of Lipman & Plesur in Jericho, said his firm hasn't seen a rise and is handling fewer bias cases because employers are making a greater effort to avoid discrimination lawsuits.

"I think employers now understand they have to investigate and take immediate corrective action," Lipman said. "I think that employers on Long Island finally have their act together."