Slide 1:  Cornell University Logo/Emblem

Slide 2:  
Comparison of Employment Disability Discrimination Claims Across U.S. Equal Opportunity Commission and Fair Employment Practice Agencies Nationally 
Cornell University
Susanne M. Bruyère, PhD, CRC
Andrew J. Houtenville, PhD
S. Antonio Ruiz-Quintanilla, PhD
presented to 
Disability and Business Technical Assistance Centers ADA Audio Conference Series
April 17th, 2007

Slide 3:
Introduction
Project Overview
Three-year field-initiated research project funded by the National Institute on Disability and Rehabilitation Research (NIDRR) entitled Using the U.S.EEOC Employment Discrimination Charge Data System for Research and Dissemination Purposes  (Grant No. H133G040265) 
Data Source - EEOC Charge Data System 
EEOC’s computerized data system which includes detailed information on every charge the EEOC receives, as well as those which are dual-filed with FEPAs
Analyses include both EEOC and FEPA offices claims filed from 1993-2003
Study Purpose:  Examine trends in employment discrimination charges related to the ADA and other laws

Slide 4:
Presentation Purpose
Describe how the EEOC's Charge Data System (CDS) can be used 
to explore differences between the filing of discrimination claims at EEOC offices and state FEPA offices 
Inform an understanding of where specific issues in employment disability discrimination continue, by examining the disability employment discrimination charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) and Fair Employment Practice Agencies (FEPAs) within states 
Discuss the implications for DBTAC information dissemination, technical assistance, and training

Slide 5:
Presentation Overview
Why an interest in EEOC and FEPA claims?
Trends over time in EEOC and FEPA ADA-related charges
Comparison to trends in other employment discrimination legislation
State-specific differences in the proportion of disability employment discrimination filings between EEOC and FEPA 
Top five ADA issues and bases in EEOC and FEPA filings
Why state specific differences may be of importance
Implications for DBTAC information dissemination, technical assistance, and training

Slide 6: 
Why an Interest in EEOC and FEPA 
ADA-Related Charges?
EEOC charges filed represent half of all ADA charges
FEPA offices’ proportion of charges filed have increased over the ten years to almost half
Distinct differences in proportion of ADA filings between offices, on a state-by-state basis
These trends are not true for other employment discrimination laws
Implications for technical assistance and educational purposes regarding guidance on where state-specific disability employment discrimination protections are
    
Slide 7:
FEPA offices’ proportion of charges filed have increased over the ten years to almost half of  all ADA-related charges

Slide 8:
ADA-related charges filed in EEOC and FEPA offices, annually, by office, 1993-2003 – Chart presenting yearly tabulation of ADA Charges handled by the EEOC and FEPA’s.

Year:1993 
Total Charges:  24,226
EEOC Charges: 14,233
FEPA Charges:  10,033
Percentage EEOC:  58.7

Year:1994
Total Charges:  31,322
EEOC Charges:  17,563
FEPA Charges:  13, 759
Percentage EEOC:  56.1

Year:1995
Total Charges:  32,940
EEOC Charges:  18,563  
FEPA Charges:  14,377
Percentage EEOC:  56.4

Year:1996
Total Charges:  31,225
EEOC Charges: 16,990
FEPA Charges:  14,235
Percentage EEOC:  54.4
Year:1997
Total Charges: 32,018
EEOC Charges:  17,144
FEPA Charges:  14,874
Percentage EEOC:  53.5

Year:1998
Total Charges:  30,934
EEOC Charges: 16,820
FEPA Charges:  14, 114
Percentage EEOC:   54.4

Year:1999
Total Charges:  29,976 
EEOC Charges  16, 224:
FEPA Charges:  13,752
Percentage EEOC:  54.1

Year:2000
Total Charges:  28,260
EEOC Charges:  15,022
FEPA Charges:  13, 238
Percentage EEOC:  53.2

Year:2001
Total Charges:  28,879
EEOC Charges:  15,145
FEPA Charges:  13,734
Percentage EEOC:  52.4

Year:  2002
Total Charges:  29,602
EEOC Charges:  14,930
FEPA Charges:  14,672
Percentage EEOC:  50.4

Year:  2003
Total Charges:   28,579
EEOC Charges:  14,124
FEPA Charges:  14,455
Percentage EEOC:  49.4

Source: Calculations by Cornell University, Employment and Disability Institute, using the EEOC IMS files, 1993-2003.

ADA-related charges include charges based on the ADA alone and in combination with other statutes.  The number of charges reflects the number of individual charges filed.

Slide 9:  
Visual image of a graph showing the increase in ADA Charges over time (1992-2003).  Less than 5,000 in 1992 and more than 30,000 in 2003.  Highest Year was 1995 with 35,000 ADA charges filed.

Slide 10:
Visual image of a graph comparing the ADA Charges with EEOC and FEPA over time (1992-2003).  FEPA charges followed similar pattern that the ADA Charges did with FEPA charges at a high in 1997 with 16,000 charges and steadily increasing to the point where the FEPA and EEOC are equal in the number of charges filed in 2003.

Slide 11:
Visual image of a graph showing the percentage of ADA Charges handled by FEPA 1992-2003.   41.2 percent of charges handled by FEPA in 1993 compared to 50% in 2003.

Slide 12:
These trends are not occurring in other employment discrimination-related claims filings

Slide 13:
Visual image of a graph showing the Percentage of ADA, ADEA, and Title IV related charges filed in FEPA offices annually, 1993-2003

1993 – ADA      42%
1993 – ADEA    48%
1993 – Title IV  39%

1997 – ADA      46%
1997 – ADEA    46%
1997 – Title IV  44%

2000 – ADA     46%
2000 – ADEA   40%
2000 – Title IV  43%

2003 – ADA      51%
2003 – ADEA    35.5%
2003 – Title IV   44%

Slide 14:
State-specific differences in where ADA claims are filed are significant

Slide 15:
ADA Related Charges – FEPA Percentages by State.  Image of US Map showing percentage state by state using different colors to depict percentages

Slide 16:
Chart showing detail of the Map with percentages:

Greater than 75% FEPA
Maine 96.3%
Nebraska 96.3%
Massachusetts 94.4%
Iowa  94.3%
Montana 94.2%
Rhode Island 93.7%
Utah 92.9%
Connecticut 92.4%
Idaho 89.0%
Wyoming 85.6%
Oregon 85.5%
Alaska 83.5%
Nevada 79.1%
Vermont 78.9%

50-74% FEPA
Delaware 73.9%
Kansas 72.9%
Wisconsin 67.4%
South Dakota 65.4%
West Virginia 62.5%
South Carolina 62.3%
Ohio 61.8%
New Hampshire 58.6%
New York 56.9%
Pennsylvania 55.7%
Washington 55.3%
Hawaii 55.0%
California 52.7%

25-49% FEPA
New Jersey 49.5%
Missouri 44.5%
Illinois 43.5%
Michigan 42.7%
Maryland 42.2%
Colorado 39.8%
North Dakota
Minnesota   35.5%
Kentucky   33.5%
District of Columbia  33.5%
Florida   29.4%
Indiana  27.9%

Less than 25% FEPA
Texas 22.4%
New Mexico 20.1%
Arizona 17.6%
Oklahoma 16.5%
Tennessee 15.1%
Virginia 14.7%
Georgia 11.1%
North Carolina 6.0%
Arkansas 1.1%
Mississippi 0.9%
Louisiana  0.6%
Alabama 0.5%

Slide 17:
Top five ADA-related issues and bases across EEOC and FEPA-filed charges 

Slide 18:
Table of ADA-Related Charges (1993-2003)
Top 5 Issues

1.	Discharge
Total Charges  179,073
EEOC Charges  95,732
FEPA Charges  83,341
Percent EEOC  53.5
2.	Reasonable Accommodation
Total Charges  79,986
EEOC Charges  53,960
FEPA Charges  26,026
Percent EEOC  67.5

3.	Terms/Conditions
Total Charges  62,056
EEOC Charges   24,764
FEPA Charges  37,292
Percent EEOC  39.9

4.	Harassment
Total Charges  37,494
EEOC Charges  22,645
FEPA Charges  11,849
Percent EEOC  60.5

5.	Hiring
Total Charges  28,075
EEOC Charges  15,425
FEPA Charges  12,650
Percent EEOC   54.9

Note: Charges in which the ADA is cited.  Charges can have more than one issue

Slide 19:
Table of ADA Related Charges (1995-2003)  Top 6 Bases

1.	Other Disability
Total Charges  73,741
EEOC Charges   31,818 
FEPA Charges  41,923
Percent EEOC   43.1

2.	Structural Back Impairment
Total Charges  36,342
EEOC Charges  19,163
FEPA Charges  17,179
Percent EEOC   52.7

3.	Regarded as disabled
Total Charges  27,269
EEOC Charges  18,575
FEPA Charges  8,704
Percent EEOC   68.1

4.	Non-Paralytic Orthopedic Impairment
Total Charges  24,172
EEOC Charges  14,928
FEPA Charges  9,224
Percent EEOC   61.8

5.	Depression
Total Charges  18,264
EEOC Charges  11,660
FEPA Charges  6,604
Percent EEOC   63.8

6.	Other Psychiatric Disorders
Total Charges  10,562
EEOC Charges  4,197
FEPA Charges  6,365
Percent EEOC   39.7

Note: Charges in which the ADA is cited. Charges can have more than one basis.

Slide 20:
Implications for DBTACs
Knowledge of state-specific disability nondiscrimination legislation
Knowledge of the respective state employment discrimination claims offices 
Knowledge of how higher court rulings may impact where greater protections occur 
Implications for technical assistance, information dissemination, and training

Slide 21:
For Further Information
EEOC web site - http://www.eeoc.gov/stats/enforcement.html
Cornell University Employment and Disability Institute (EDI) – www.edi.cornell.edu
Cornell University Law School - http://www.lawschool.cornell.edu/