EEOC charge data graph

The chart above illustrates charge filing data for fiscal year 2019. Retaliation charges continue to dominate EEOC charge filings. Following closely behind are disability, sex, and race discrimination charges. This should continue to serve as a reminder not to turn an otherwise meritless charge or complaint of discrimination into a good retaliation claim or charge by taking a negative action in response to a complaint or charge of discrimination. If employment action is taken following a recent complaint of discrimination, the non-discriminatory basis should be defensible based on objective criteria, policy, and/or past precedent.