EEOC Data: The Five Most Common Types of Discrimination Claims in 2019
On January 24th, 2020, the Equal Employment Opportunity Commission (EEOC) released comprehensive data on the discrimination claims that were filed in the fiscal year (FY) 2019. In total, 72,675 workplace discrimination charges were brought before the agency. Notably, 5,990 of the workplace discrimination claims originated out of Florida—a slight decrease when compared to the previous year. Here, our Miami employment law attorneys highlight the six most common causes of action in discrimination claims in FY 2019.
- Workplace Retaliation (53.8 percent of claims)
More than half of all EEOC claims are based, at least in part, on workplace retaliation. This is true both nationally and in Florida—in our state, nearly 57 percent of discrimination claims involved an allegation of unlawful retaliation. Employers cannot take adverse action against an employee simply because that person filed a complaint or exercised their basic rights.
Note: You may notice that the percentages listed here add up to well over 100 percent. The reason for that is because many employees allege multiple bases for discrimination within the same claim. Indeed, workplace retaliation often comes after an employee attempts to take action to stop another type of discrimination.
- Disability Discrimination (33.4 percent of claims)
Disability discrimination was the second most common type of discrimination alleged in 2019. Notably, disability discrimination claims are on the rise. Ten years ago, this basis was only alleged in 17 percent of all discrimination cases—meaning the frequency of disability discrimination claims have nearly doubled in the last decade.
- Race Discrimination (33.3 percent of claims)
Race discrimination also remains relatively common. In FY 2019, exactly one in three EEOC claims included a racial discrimination element. In total, more than 24,000 race discrimination claims made it to the EEOC.
- Sex Discrimination (32.4 percent of claims)
An element in 32.4 percent, sex discrimination was the fourth most common type of discrimination alleged in FY 2019. For reference, the numbers were very similar for the state of Florida. To be sure, 31 percent of employment discrimination claims filed in Florida involved allegations of sex/gender based discrimination.
- Age Discrimination (21.4 percent of claims)
Finally, age discrimination was the fifth most common claim brought to the EEOC in FY 2019. A potential bit of good news is that age discrimination claims are actually becoming less common in Florida. In 2009, there were 1,640 age discrimination cases that arose out of Florida. In 2019, that number dropped below 1,200—continuing a fairly sustained downward trend over the last five years. Of course, fewer age discrimination claims making it to the EEOC is not, by itself, proof that age discrimination is becoming less common.
Call Our Florida Employment Discrimination Attorneys Today
At Pike & Lustig, LLP, our Miami employment lawyers have deep experience handling complex discrimination claims. We provide top quality, solutions-oriented representation to our clients. For a fully confidential, no obligation review of your case, please contact our law firm today. We represent employers and employees in Miami, West Palm Beach, and throughout the entire region.