The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws prohibiting employers from discriminating against applicants and employees on the basis of their race, color, national origin, age, religion, sex, disability, and genetic information. In fiscal year 2021, the EEOC received 61,331 complaints alleging such discrimination. Below are the 10 most frequent complaints of 2021 followed by some guidelines for promoting a discrimination-free workplace.

#1: Retaliation (34,332 complaints)

In recent years, this type of complaint has become more common. Retaliation’s share of discrimination complaints rose to 56 percent in 2021, compared with 23 percent in 1997. Retaliation is when an employer takes an "adverse employment action" against an applicant or employee because they engaged in activity that is protected under the law, otherwise known as "protected activity." Various nondiscrimination laws prohibit retaliation in any aspect of employment. Under the Title VII of the Civil Rights Act, and other federal, state, and local nondiscrimination laws, individuals have the right to oppose conduct that they reasonably believe constitutes an unlawful employment practice, such as discrimination. They also have the right to file a charge, testify, or participate in investigations and proceedings related to allegations of discrimination as well as to request a reasonable accommodation for a disability or sincerely held religious beliefs/practices. Engaging in this conduct is generally considered "protected activity."

#2: Disability (22,843 complaints)

The Americans with Disabilities Act (ADA) prohibits employers with 15 or more employees from discriminating against qualified applicants and employees because of a disability. The ADA also requires employers to provide reasonable accommodations to qualified applicants and employees with disabilities, unless it would impose an undue hardship. Disability-related complaints have risen since the passage of the ADA Amendments Act of 2008, which broadened the definition of a disability. In 2021, they accounted for 37 percent of all discrimination complaints filed with the EEOC, up from 20 percent in 2008.

#3: Race (20,908 complaints)

Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against individuals because of their race. Prior to the surge in retaliation and disability-discrimination complaints, race was traditionally the most common type of complaint.

#4: Sex (18,762 complaints)

Title VII also prohibits discrimination because of an individual’s sex. In 2020, the U.S. Supreme Court ruled that the federal prohibition on sex discrimination also prohibits employers from discriminating against applicants and employees because they are gay or transgender.

#5: Age (12,965 complaints)

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from age-based employment discrimination. The ADEA applies to employers with 20 or more employees.

#6: National Origin (6,213 complaints)

Title VII prohibits discrimination on the basis of applicants’ and employees’ nation origin. Many of these complaints include an allegation of harassment based on the individual’s actual or perceived national origin.

#7: Color (3,516 complaints)

Title VII also prohibits discrimination on the basis of an individual’s skin color, pigmentation, complexion, shade, or tone. Color discrimination occurs when a person is discriminated against based on the lightness, darkness, or other color characteristic of the person. It can occur between members of the same race or ethnicity or different races or ethnicities. While this type of complaint remains a small percentage of all complaints, they have generally been on the rise, growing from 2.8 percent of complaints in 2011 to 5.7 percent of complaints in 2021.

#8: Religion (2,111 complaints)

Applicants and employees are protected from religion-based discrimination by Title VII. They are also entitled to reasonable accommodations for sincerely held religious beliefs and practices, unless it would impose an undue hardship on the employer.

#9: Equal Pay Act (885 complaints)

The Equal Pay Act generally requires that men and women in the same workplace be given equal pay for substantially equal work. The Equal Pay Act applies to all employers covered by the Fair Labor Standards Act (virtually all employers).

#10: Genetic Information (242 complaints)

The Genetic Information Nondiscrimination Act (GINA) is a federal law that prohibits employers from discriminating against employees and applicants on the basis of "genetic information." GINA also restricts employers from requesting, requiring, or purchasing genetic information. The law became effective November 21, 2009.

*Note: Complaints can be filed under multiple categories. For example, an individual may file a complaint alleging both age and sex discrimination. If so, the EEOC counts the complaint under both categories. Also keep in mind that the EEOC’s statistics don’t include complaints filed with state or local fair employment agencies.

Best Practices:

Here are some best practices for promoting a discrimination-free workplace.

• Create and enforce written policies. Develop an equal employment opportunity/nondiscrimination policy that addresses all characteristics protected under federal, state, and local laws. Indicate that employment decisions are made without regard to any protected characteristics and provide an overview of the company's efforts to prevent and respond to discrimination. Outline your complaint process, offer multiple ways for employees to raise complaints, and urge employees to report issues before they become severe or pervasive. Make clear that the company will not retaliate against employees, that it will take all complaints seriously, and that all violators will be subject to disciplinary action, up to and including termination. In addition, ensure that your other policies are free of both implicit and explicit biases. For instance, blanket policies barring candidates with criminal convictions can disproportionately affect underrepresented groups and other protected groups and may violate federal and state law. And pay secrecy rules, which can be used to hide pay inequities, are generally prohibited. Keep in mind that some states and local jurisdictions have specific requirements for equal employment opportunity/nondiscrimination policies. Check your state and local law to ensure compliance.
• Provide training. Train your employees on your nondiscrimination, harassment, and retaliation policies. In some states and local jurisdictions, training may be required. Check your state law and local to ensure compliance. Use training to show that discrimination, harassment, and retaliation are not only against the law but also against your company's values. Train employees on how to report incidents of misconduct. Some employers have gone a step further and adopted bystander intervention training to show employees not only how to spot inappropriate behavior but also how to step in and take action when needed. Additionally, provide supervisors and HR personnel with training on what types of conduct may constitute retaliation and how to respond if an employee complains of discrimination, harassment, or other unlawful conduct.
• Address explicit and implicit biases. Make sure decision-makers are trained to avoid basing decisions on explicit and implicit biases and take steps to help prevent such biases from impacting employment decisions and the workplace. For example, include a diverse group of individuals in the hiring process and make sure more than one individual is involved when making promotion, pay, discipline, and termination decisions. You can also look for ways to introduce elements of "anonymous auditions" into your hiring process. For example, you can make it a policy to remove names when giving resumes and applications to the person who decides whom to call in for interviews. This can help reduce both explicit and implicit discrimination, since you're unable to act on any biases because the individual's identity is completely unknown.
• Promote a diverse and inclusive work environment. Stress the importance of a fair and harassment-free workplace for all employees. Recruit from a wide variety of sources, pay employees comparably to other similarly situated employees, give employees multiple ways to provide feedback about their experience working for you, and provide development opportunities to all employees. Recognize employees for their contributions and give them credit for any ideas or suggestions that you implement. Additionally, consider policies that help promote equality, such as flexible schedules and family leave programs.
• Enforce policies consistently. If you're made aware of a potential policy violation, conduct a prompt, impartial, and thorough investigation. Depending on the circumstances, consider whether you need to hire an outside third party to conduct an impartial investigation. When possible, more than one individual should be involved, including acting as a witness during interviews. At the outset of any investigation, make sure you remind employees and supervisors that retaliation against individuals for raising complaints or participating in an investigation is prohibited and subject to disciplinary action, up to and including termination. Additionally, monitor the situation closely and follow-up with complainants and witnesses to ensure that no retaliation is occurring during and after the investigation. If an investigation reveals that a violation of your policies occurred, take immediate and appropriate corrective action to remedy the situation and prevent it from recurring.
• Review employment decisions. Carefully review all employment decisions to ensure they’re based on legitimate business reasons. Be consistent with how you have handled similar situations in the past and make sure you have appropriate documentation to support all decisions.
• Craft job advertisements carefully. Include an equal opportunity statement that demonstrates your commitment to diversity and inclusion, and draft job advertisements and job descriptions with language that encourage all groups to apply. Avoid language that could be construed to indicate a preference based on age or another protected characteristic. For instance, "this job would be ideal for someone young/recent college graduate." If the pay is lower, you can say that the job is entry-level or simply list the wage or salary. Never assume a worker wouldn't be interested in a job based on their age or the salary offered.
• Provide reasonable accommodations. Federal law and many state laws require that employers provide reasonable accommodations to qualified applicants and employees with a disability, or sincerely held religious beliefs and practices, unless doing so would cause undue hardship. Some laws require accommodations in additional circumstances, such as when an employee has a pregnancy-related condition. A reasonable accommodation is a change in the work environment or in the way work is customarily done that enables an individual to perform the essential functions of the job and enjoy equal employment opportunities. For example, some common reasonable accommodations for religious beliefs and practices may include exceptions to dress codes, additional breaks for prayer, and leave for religious observances.
• Watch for warning signs. An increase in turnover, a lack of employee referrals, an uptick in transfer requests, and sudden absenteeism or lower productivity can all be signs that you may have a problem, so make sure you track these key indicators and investigate the causes of any sudden changes.

Conclusion:

Discrimination and harassment can happen anywhere. Your best defense is to develop effective policies, practices, and training to prevent and respond to misconduct.