Retaliation is the most commonly filed charge with the EEOC — the #1 basis every year for 17 consecutive years. In FY 2024, retaliation accounted for about 48% of all charges filed. It is also the most commonly filed claim type.
What is retaliation? An employer taking adverse action against you because you engaged in protected activity.
Protected activity includes:
• Filing a discrimination complaint (internal or external)
• Reporting safety violations or illegal activity
• Requesting a disability accommodation
• Taking FMLA leave
• Filing a workers' compensation claim
• Discussing wages with coworkers (NLRA)
• Participating in an investigation as a witness
Adverse actions include: Termination, demotion, pay cuts, schedule changes, increased scrutiny, negative performance reviews, transfers to undesirable positions.
Temporal proximity matters: If the adverse action happens shortly after your protected activity (days to weeks), courts may infer retaliation. The shorter the gap, the more relevant the timing may be to an attorney reviewing your situation.
Key point: You can have a valid retaliation claim even if the underlying discrimination complaint was wrong — as long as you made it in good faith.
Sources: Title VII, 42 U.S.C. § 2000e-3(a) (anti-retaliation); EEOC Charge Statistics and FY 2024 Annual Performance Report, eeoc.gov/data (retaliation as #1 charge basis for 17 consecutive years, ~48% of all charges in FY 2024).