The U.S. Equal Employment Opportunity Commission (EEOC) saw a 9% increase in charges of discrimination filed from October 1, 2023, to September 30, 2024. Specifically, the EEOC reported that 88,531 new charges were filed. The surge in charges filed shows employees are continuing to pay closer attention to what goes on in the workplace.

Upward Trends in 2024

Race Discrimination: Racial discrimination charges rose from 27,505 in 2023 to 30,270 charges in 2024.

Sex Discrimination: 26,872 charges alleged sex discrimination in 2024.  Almost 25,500 were filed in 2023. 

Disability Discrimination: Charges alleging disability discrimination climbed to 33,668 from 29,160 in 2023. 

Age Discrimination: The number of age discrimination charges grew by almost 2,000—jumping to 16,223 in 2024.

Color Discrimination: Color discrimination charges grew by almost 900, rising to 6,684 in 2024.

Pregnancy Discrimination: For the first full year under the Pregnant Workers Fairness Act (PWFA), 2,729 charges were filed. This is up from 188 filed in 2023.

Downward Trends in 2024

Religious Discrimination: Charges alleging religious discrimination dropped in 2024 as only 3,640 charges were filed. Down almost 700 from 2023.

Retaliation Claims: Surprisingly, retaliation claims dropped significantly. For example, Title VII-only claims of retaliation dropped by over 2,500—down to 29,207 charges. And retaliation under all discrimination statutes was down by almost 4,000 charges to 42,301.

Implications for Employers

With the increase in filed charges, employers will likely see employment discrimination litigation increase. For example, roughly $700 million was recovered for victims of discrimination in 2024. This was a 5% increase from 2023.

Looking Ahead

As previously noted in a blog about reverse discrimination claims, if the U.S. Supreme Court rules that majority group plaintiffs are not required to show background circumstances, it could add fuel to the fire and significantly increase claims of discrimination in 2025. This, coupled with the already growing number of charges filed, could result in a percentage increase in the double digits. 

What Employers Can Do to Limit Liability

Employers should consider ensuring that their policies are up-to-date, that they conduct thorough workplace investigations when discrimination claims are made, and that they implement their policies uniformly for all employees.