Retaliation Remains Top Charge Handled by EEOC

The U.S. Equal Employment Opportunity Commission’s (EEOC) breakdown of 67,448 total workplace discrimination charges in fiscal year 2020 showed that retaliation remains the most prevalent charge handled by the EEOC. Click here to see the top 5 charges as well as the top 5 states.

• The employee engaged in a “protected activity” such as reporting (or acting as a witness of) harassment or discrimination.
• The employer took an “adverse employment action” against the employee. An adverse action is not just termination but can include cutting hours; issuing a write up; giving a demotion or unwanted transfer; shouting at or ignoring an employee; or taking away or increasing duties by a significant amount; and
• A connection is found to link the two actions.

Employers will want to proceed cautiously anytime an employee raises a work concern. Employees ought to be able to bring concerns to the employer so that they may be reviewed and responded to appropriately. Employers should have a no retaliation policy and make sure everyone is aware of it and trained as needed.

Retaliation claims have risen over the past decade and become more prevalent and widespread. An employer needs to keep in mind that there are laws that protect employees from retaliation and be sure that all adverse actions are made for legitimate work-related reasons. Timing matters as well; for instance, an adverse employment action soon follows the employee raising the concern or complaint. If legitimate reasons mandate an adverse employment action, such as a reduction in force or change of job duties, the employer should make sure it is able to defend the adverse action.