Each year, the U.S. Equal Employment Opportunity Commission (“EEOC”) compiles and publishes statistics on the charges of discrimination it receives. Employees may file charges with the EEOC for alleged discrimination (based on race, sex (including sexual orientation, gender identity, and pregnancy, childbirth, and related medical conditions), national origin, religion, color, age, disability), harassment, and retaliation.
In Fiscal Year 2022, the EEOC received 73,485 charges, a 19% increase from the prior year. The EEOC resolved 65,087 of the charges, and secured over $381.7M for employees through voluntary resolutions and litigation.
Of the 73,485 charges, 51.6% alleged harassment and, coincidentally, 51.6% alleged retaliation. Retaliation for what?
It’s unlawful for employers to retaliate against employees (and applicants) because they asserted their rights to be free from discrimination and/or harassment. For example, employers may not retaliate against an employee or applicant who:
- Raised a good-faith concern of discrimination or harassment
- Filed a charge with the EEOC or equivalent state or local agency
- Participated in the complaint process, an investigation, or a lawsuit
- Refused to participate in discrimination or harassment
- Resisted sexual advances
- Requested an accommodation for a disability; pregnancy, childbirth, or related medical condition; or religious practice
What this means to you:
Harassment, or alleged harassment, remains prevalent in the workplace, especially to those who are neurodivergent, belong to the LGBTQI+ community, and from immigrant and migrant populations. You must put actions into place to ensure your workplace is free from harassment of any kind and to promptly investigate and resolve concerns raised. You must also protect those who raise good-faith concerns of harassment, or other unlawful conduct, and who participate in investigations, from retaliation in any form.
Help ensure your workplace is free from harassment, that employees know how – and are encouraged to – raise concerns, and that those who raise concerns and participate in an investigation are protected from retaliation. To learn about our Respectful Workplace, Managing Within the Law, or other programs or to book a workshop, please call 800-458-2778 or email us.
Updated 08-07-2023
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
