What the Latest EEOC Data Tells Us About the Workplace

You might want to sit down for this one, because the rise in retaliation claims is turning heads (and wallets), across the country. After neurotically analyzing case receipts and litigation data from EEOC's website, we can see one undeniable thing: it ain’t 1997 anymore. At that time, race and sex claims topped the charts until retaliation-based claims surged by a startling 23% in 2007. Fast forward to 2023, and retaliation-based claims have ballooned by over 150% since 1997, making them the most reported, and arguably the most concerning, workplace issue we face today.

Since 2020, the combination of employee empowerment and heightened awareness of rights has contributed to this surge in claims. Let’s break them down further:

• Race-Based Claims – From 1997 to 2010, race-based claims were the top issue. After declining, they made a startling 33% jump in 2023, returning to levels not seen since 2007.

• Gender-Based Claims – From 1997 to 2006, gender-based claims were second only to race. They peaked in 2012 but steadily declined until 2021. Unfortunately, they began spiking again, with 30% growth per year since that time.

• Retaliation-Based Claims – Retaliation took center stage in 2007 and hasn’t backed down since then. With an average YoY increase of 4.5%, 2023 saw a massive 22% jump, making retaliation-based claims the #1 most reported workplace issue and complaint today.

• Disability Based Claims – Disability claims have been a rollercoaster. After steadily declining between 1997-2006, they have now increased by 6% annually, with a hefty 17% spike in 2023.

• Age-Based Claims – Peaking in 2008 but dropping consistently since that time, age-based claims are now at their lowest point since 1997 (or even earlier!).

This graphic illustrates the rate of EEOC claims growth across the US since 2009, and it’s a bit of a mixed bag. Some states have managed to decrease claims over the years, while others are seeing their numbers rise faster than ever.

States highlighted in red have had consistently high claims since 2009, indicating ongoing challenges with discrimination, retaliation, and workplace complaints that haven’t shown signs of decline.

States highlighted in orange are experiencing consistently high year-over-year increases in claims with very little decline, likely driven by new legislation, societal shifts, and employees’ growing awareness of their rights.

States highlighted in yellow have historically seen claims decrease but are now trending upwards again, indicating that they are now seeing emerging workforce challenges that they are not prepared to handle.

States highlighted in green show a trend of consistently decreasing claims, suggesting that workplace conditions have improved, or that employers have found successful strategies to prevent complaints.

Let’s dive into some standouts between 2021 to today:

• Rhode Island (85% YoY increase) – Retaliation is the big player here, followed by race, and then gender claims. With Rhode Island’s 2021 Pay Equity Act, which prohibits wage discrimination and protects employees reporting pay disparities, it’s no wonder employees feel empowered to speak out. Throw in a paid sick leave law and a ban on salary history inquiries, and you’ve got a receipt for a claims spike.

• Massachusetts (73% YoY increase) – Retaliation claims lead the way, followed by gender and then race claims. Thanks to the Wage Equity Law and Paid Family and Medical Leave Acts being passed in 2021, employees are cracking down on wage and family leave discrimination, filing more complaints than ever before.

• Oregon (35% YoY increase) – Retaliation claims lead here as well, followed by gender, and then race. Oregon’s Pay Equity Act passed in 2020, followed by their tougher anti-harassment laws means more people are speaking up.

• Maine (26.26% YoY increase) – Retaliation leads again, followed by gender, and then race. The 2021 Earned Paid Leave Law gave employees the right to take paid leave for almost any reason. This, combined with the Wage Transparency Act of 2022 has led to a rise in claims as employees know their rights more than they ever have in the past.

• Hawaii  (26.11% YoY increase) – Retaliation is king in Hawaii, followed by race, and then gender claims. The 2020 Salary History Ban and marijuana decriminalization mean workers are emboldened, filing more claims than ever before.

• Montana (18.37% YoY increase) – Retaliation strikes again, with gender and then race claims close behind. Montana’s protections against at-will termination give employees the confidence to report wrongful terminations and workplace mistreatment, leading to a huge spike in claims.

In 1997, only 10.56% of total EEOC claims were found to be merited, meaning that out of all the claims filed, a relatively small proportion resulted in settlement or legal action favoring the employee. As of 2023, 22% of claims are now being found merited, more than doubling the 1997 rate. This rise speaks volumes:

• With better access to information about their rights, employees are more likely to file legitimate complaints when they believe they are experiencing discrimination, harassment, or retaliation.

• The increase in protective employment laws (e.g. wage transparency, anti-retaliation policies, family leave protections), has made it easier for employees to win cases or have their claims supported by the EEOC.

• As employees have become more informed, they are more likely to bring well-founded claims that align with specific legal violations, increasing the chances that claims will be found merited.

The rise in retaliation claims and the overall increase in merited claims highlight one important fact: the workplace has permanently evolved. 2020 changed much more than just our health and wellness, it changed the ways employees speak up. We’re entering a new era where fairness and equality are at the forefront, and better yet – Where employers have the unique opportunity to lead with integrity.

By fostering a culture of transparency, respect, and accountability, businesses can not only protect themselves from claims, but inspire loyalty, drive innovation, and create environments where employees thrive. Now is the time to take action; audit your practices, mentor your leaders, and build a workplace where fairness isn’t just a policy, but a core value.