A larger backlog of EEOC cases could increase the number of workplace discrimination cases which go directly to court. If a workplace discrimination charge goes unheard by the agency for more than 180 days, complainants can request that a “Notice of Right-to-Sue” be issued automatically. However, those cases could still go unheard thanks to a rash of vacancies in the federal courts.
Some of the cases unheard by the EEOC might not even be submitted to the courts in the first place, said Ross Eisenbrey, vice president of the Economic Policy Institute and a former OSHA commissioner.
“They’re hard cases to bring, hard cases to prove,” he said. Plus, “most people can’t afford attorneys to do it.” Instead, they rely on government agencies to “help them assert their rights.”
For complaints about health and safety standards, employees don’t even have the option of going to the courts on their own. Instead, all those complaints must go through OSHA. While that agency hopes to avoid serious reductions in its workload capacity due to the sequester, Eisenbrey said that the status quo at the department is already “completely insufficient.”
“The chance of having an OSHA inspection, if you’re an employer, in any given year is close to zero,” he said. He estimated that there were only about 1,000 inspectors in the agency, compared to seven million employers nationwide.