What’s the Big Picture?
- In FY 2024, retaliation remained the most common basis for EEOC discrimination complaints — more common even than race or sex. While charges dipped from 56.8% to 47.8% of all filings, they still accounted for over 42,000 complaints.
- That trend didn’t reverse in FY 2025 — retaliation continues to rise as EEOC enforcement grows.
Why Is Retaliation Still #1?
- It often follows employee actions protected by law (like raising harassment concerns or filing internal complaints).
- Even well-intentioned managers might inadvertently punish or isolate employees who speak up—triggering retaliation claims.
- Until organizations adopt thoughtful processes, training, and oversight, retaliation risk remains high.
How Much Does a Retaliation Lawsuit Cost?
- Settlements vary widely, but even medium-level cases tend to fall between $25,000–$50,000; serious matters can exceed $100,000.
- Defending even a modest retaliation claim can cost businesses about $75,000 in legal fees alone—not even accounting for settlement or internal disruption.
- And the reputational damage? That’s harder to quantify—but impossible to ignore.
Compounding Risk: Discrimination + Retaliation
- Many retaliation claims accompany other types of discrimination like sexual harassment, disability, or race-based claims.
- In fact, up to 47.8% of all EEOC charges include retaliation alongside another discrimination claim — amplifying legal exposure.
What CEOs & HR Leaders Must Do Now
✅ Review and reinforce your retaliation protocols:
- Clear anti-retaliation language in employee handbooks
- Training managers on protected activity and behavior
- Transparent investigation and feedback channels
✅ Ensure every complaint is handled with care and documentation.
- Protect confidentiality
- Document steps taken and decisions made
- Follow consistent, fair processes
✅ Get a proactive diagnostic: the HR Compliance PowerScan
This free, expert-led session:
- Flags high-risk blind spots in your HR practices
- Takes just 20 minutes
- Connects you with an actionable compliance plan
- Helps protect your organization from costly retaliation claims before they emerge
Final Thought
Retaliation claims often begin quietly—protected actions dismissed or ignored until the EEOC arrives.
If oversight or misunderstanding leads to suspicion of punishment for raising concerns, your company becomes vulnerable.
