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EEOC Releases Fiscal Year 2021 Charge Statistics

Written by Tonya Fletcher SPHR, SHRM-SCP | Apr 6, 2022 1:02:00 PM

The U.S. Equal Employment Opportunity Commission (EEOC) -- the federal agency enforcing laws prohibiting employment discrimination -- released its fiscal year 2021 charge statistics. The data details the 61,331 total discrimination charges the agency received in FY 2021, with retaliation remaining at the top.

After retaliation, the EEOC reports a high number of disability, race, sex, and age claims. Read below for the highlights on the EEOC’s top charges for FY 2021. Additional statistics are posted on the agency’s website here.

The top 5 charges in descending order by bases alleged are:

  1. Retaliation: 34,332 (56.0 percent of all charges filed)
  2. Disability: 22,843 (37.2 percent)
  3. Race: 20,908 (34.1 percent)
  4. Sex: 18,762 (30.6 percent)
  5. Age: 12,965 (21.1 percent)

*These percentages add up to more than 100 percent because some charges allege multiple bases.

So, retaliation tops the list, but, what is it?

Retaliation

Over the past decade, retaliation has been the most common charge handled by the EEOC.

Retaliation happens when an employer takes adverse action against an employee because they asserted their rights protected by the law. A connection between the two actions leads to successful retaliation claims.

When an employee raises a work concern, employers should proceed cautiously. Each workplace should have a clear “no retaliation policy” and make sure employees are aware of it and properly trained.

If legitimate reasons mandate an adverse employment action, employers should be sure they are able to defend the action if they are subsequently challenged.

Despite lower charges in FY 2021 (61,331) compared to FY 2020 (67,448), discrimination in the workplace continues to cost employers millions of dollars annually. Limit your exposure as a company and learn how FrankCrum can help. Request a free consultation here and we’ll get you on track to managing your employment risk.