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Answer to Question of the Week #22

Each week, we post a thought-provoking question for your consideration.  Here’s last week’s question, along with your answers:

What hit an all-time high in 2007?

a.  Race harassment claims (3%)
b.  Recoveries under the Federal Labor Standards Act (32%)
c.  The number of federal civil trials (5%)
d.  Lies told by elected officials (8%)
e.  Both “a” and “b” (27%)
f.   Both  ”a” and “c” (22%)
g.  None of the above (3%)

The correct answer is “e”:  both racial harassment claims and FLSA recoveries hit an all-time high last year.

According to the EEOC, racial harassment claims have more than doubled since the 1990s and hit a record high of 6,977 last year.  That seems almost unfathomable when you consider that:  (1) the Civil Rights Act has been in place more than forty years; (2) the EEOC has been educating employers and enforcing the law for several decades; (3) virtually all U.S. employers have had anti-harassment and anti-discrimination policies and procedures in place for years; and (4) millions of managers go through diversity and anti-harassment training every year.  What was even more troubling were the allegations in some of the key cases, including racial epithets, death threats and nooses hanging in the workplace.

As for FLSA wage and hour rulings, a study by the law firm of Seyfarth Shaw shows that they have now moved into the #1 overall spot, ahead of even discrimination and ERISA claims.  The DOL alone recovered more than $220 million in back wages in 2007.  At times it seemed there was news of a new multi-million-dollar FLSA class action being filed practically every week.

Our readers are now batting a respectable .545 (12 right, 10 wrong) on our weekly questions.  The next one will be coming your way soon.

Thanks for your participation!

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