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2021 EEOC Charge Statistics: Retaliation & Impact of Remote Work

Client Alert

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.


Parental Consent May Soon Be Required for Minor Mental Health Services in Ohio

HB 172 proposes repealing a provision in Ohio law that allows minors age 14 and older to consent to limited outpatient mental health services without parental involvement. The bill would require parental consent for all such care and remove related language from other sections of the Ohio Revised Code.

Community Behavioral Health Providers - Supervisor Pricing Changes Begin July 1 [Corrected Date]

Effective June 16, community behavioral health providers wishing to receive reimbursement at the supervisor rate must add the HP or HT Modifier to fee-for-service (FFS) claims. Find out about the new guidelines.

CMS Rescinds EMTALA Guidance for Emergency Abortions

On June 3, 2025, CMS withdrew its 2022 guidance on emergency abortion care under EMTALA, eliminating federal protection for providers in states with abortion restrictions. This policy change could significantly impact how hospitals handle emergency care involving pregnancy complications.

Supreme Court Eliminates Higher Burden for Majority-Group Plaintiffs in Title VII Claims

In Ames v. Ohio Department of Youth Services, the U.S. Supreme Court unanimously ruled that all Title VII plaintiffs, whether from majority or minority groups, must meet the same evidentiary standard. The decision eliminates the “background circumstances rule” and reinforces equal treatment in workplace discrimination claims.

Understanding Reasonable Fear vs. Credible Fear Interviews: A Critical Guide for Immigrants Facing Removal

In his latest article, Immigration Attorney and former Immigration Judge Rob Ratliff offers a clear breakdown of Reasonable Fear vs. Credible Fear Interviews—key procedures for noncitizens seeking protection from persecution or torture. Citing Judge Brian Murphy’s recent ruling on unlawful deportations to South Sudan, Ratliff connects these critical legal standards to current judicial developments. Read the full article at www.removal-defense.com.