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2021 EEOC Charge Statistics: Retaliation & Impact of Remote Work

Client Alert
May 11, 2022

The U.S. Equal Employment Opportunity Commission (EEOC) released its detailed information on workplace discrimination charges it received in 2021. 

Unsurprisingly, for the second year in a row, the total number of charges decreased as COVID-19 either shut down workplaces or disconnected employees from each other.  In 2021, the agency received a total of approximately 61,000 workplace discrimination charges - the fewest in 25 years by a wide margin.  For reference, the agency received over 67,000 charges in 2020, and averaged almost 90,000 charges per year over the previous 10 years. 

Interestingly, the total Monetary Benefits recovered through voluntary resolution of claims was over $350 million for the complainants of workplace discrimination.  This was the 7th highest total recovery on record over the previous 25 years.  This number was somewhat surprising because the agency only resolved about 62,000 total cases in 2021.  Again, for reference, in 2013, the agency collected record Monetary Benefits of $372 million, but that was for the resolution of over 97,000 claims.

What does this mean for employers?  It’s fairly simple.  While the total number of claims has been decreasing, the total cost of claims is steeply rising. 

What is the cause of the increase of cost of claims?  Again, it seems fairly simple.  Retaliation remains the most common type of charge filed with the EEOC.  Retaliation claims account for over 56% of the total charges filed, and are ordinarily the most expensive claims for employers. 

Why are retaliation charges problematic?  As we have cautioned employers, retaliation claims are problematic because they include claims of deliberate, targeted unlawful conduct in response to the claimant’s participation in a protected activity.  It is difficult to explain away or prove a legitimate business justification for targeted mistreatment of an employee who raised an internal complaint, gave a witness statement, or did something else to invoke the retaliation protection. 

What can employers do to minimize the risk?  To minimize the risk of retaliation claims employers can implement several baseline steps:

  • Make sure you have an effective avenue for employees to report employment complaints, including any threats of retaliation. We recommend a third-party anonymous hotline.
  • Once a complaint is received, begin the investigation immediately, fairly, and professionally.
  • As part of the investigation, specifically remind everyone involved that retaliation is strictly prohibited!
  • As part of your overall foundation, make sure all employees are trained and reminded that retaliation will not be tolerated and is grounds for immediate termination. This is accomplished through updated policies that are signed by employees and regular training.
  • Train employees on civility and respect in the workplace. These training events by third-party professionals have shown added benefits at minimizing not only the underlying bad acts, but also at preventing subsequent retaliation. 

With a proper foundation of workplace preventative measures, employers can minimize their risk of EEOC charges and high-leverage claims.  For further information, please reach out to Jeffrey C. Miller, jcmiller@bmdllc.com, or any member of the BMD L+E team.

Jeffrey C. MillerLabor and Employment LawEEOC
Client Alert

Corporate Transparency Act Update 3/14/24

March 14, 2024On March 1, 2024, a federal district court in the Northern District of Alabama concluded that the Corporate Transparency Act (“CTA”) exceeded Congressional powers and enjoined the Department of the Treasury from enforcing the CTA against the plaintiffs. National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.). On March 11, 2024, the U.S. Department of Justice appealed the district court’s decision to the Eleventh Circuit Court of Appeals.Client Alert

The Ohio State University Launches Its Accelerated Bachelor of Science in Nursing Program

February 27, 2024In response to Ohio’s nursing shortage, The Ohio State University College of Nursing is accepting applications for its new Accelerated Bachelor of Science in Nursing program (aBSN). Created for students with a bachelor’s degree in non-nursing fields, the aBSN allows such students to obtain their nursing degree within 18 months. All aBSN students will participate in high-quality coursework and gain valuable clinical experience. Upon completion of the program, graduates will be eligible to take the State Board, National Council of Licensure Exam for Registered Nursing (NCLEX-RN).Client Alert

Another Transparency Obligation: The FinCEN Beneficial Ownership Information Reporting Requirements

February 26, 2024Many physician practices and healthcare businesses are facing a new set of federal transparency requirements that require action now. The U.S. Department of Treasury Financial Crimes Enforcement Network (“FinCEN”) Beneficial Ownership Information Reporting Requirements (the “Rule”), which was promulgated pursuant to the 2021 bipartisan Corporate Transparency Act, is intended to help curb illegal finance and other impermissible activity in the United States.Client Alert

“In for a Penny, in for a Pound” is No Longer the Case for Florida Lawyers

February 19, 2024On April 1, 2024, newly adopted Rule 1.041 to the Florida Rules of Civil Procedures goes into effect which creates a procedure for an attorney to appear in a limited manner in civil proceedings.  Currently, when a Florida attorney appears in a civil proceeding, he or she is reasonable for handling all aspects of the case for their client.  This new rule authorizes an attorney to file a notice limiting the attorney’s appearance to particular proceedings or specified matters prior to any appearance before the court.  For example, an attorney can now appear for the limited purpose of filing and arguing a motion to dismiss.  Once the motion to dismiss is heard by the court, the attorney may file a notice of termination of limited appearance and will have no further obligations in the case.Client Alert

Enhancing Privacy Protections for Substance Use Disorder Patient Records

February 16, 2024On February 8, 2024, the U.S. Department of Health and Human Services (“HHS”) finalized updated rules to 42 CFR Part 2 (“Part 2”) for the protection of Substance Use Disorder (“SUD”) patient records. The updated rules reflect the requirement that the Part 2 rules be more closely aligned with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) privacy, breach notification, and enforcement rules as mandated by the Coronavirus Aid, Relief, and Economic Security Act of 2020.
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