EEOC Charges Surge: What Small Practice Owners and Managers Need to Know

In fiscal year 2024, the U.S. Equal Employment Opportunity Commission (EEOC) received 88,531 new discrimination charges—a 9.2% increase over the previous year. This included:

• Over 30,000 retaliation claims
• Almost 28,000 race discrimination charges
• Nearly 20,000 sex-based discrimination complaints
• An uptick in disability and age-related filings

This surge signals a growing focus on workplace rights and a heightened risk for employers, especially healthcare-related offices like those in our community, where HR resources and access to reliable expertise can be limited.

We Know How to Prevent Most Complaints

What’s the old saying? Just because you’re paranoid doesn’t mean they aren’t out to get you.

In our experience, practically 100% of these complaints could have been thwarted had the issues surrounding them been handled differently. The challenge? There are hundreds of laws at the federal and state levels that apply to employers, and knowing how they all interact is impossible for a business owner who’s already wearing too many hats.

Healthcare practices are particularly vulnerable. They’re seen as having deep pockets, and when a misstep occurs, it opens the door to legal action. Most of the time, employers settle, not because they’re guilty, but because fighting is more expensive than paying. That’s a harsh reality of modern business ownership.

Why This Matters

The rise in EEOC charges reflects a broader trend: employees are more aware of their rights and more willing to report violations. Even minor HR missteps can lead to significant legal and financial consequences for small practices. There are entire internet groups, with tens of thousands of members, dedicated to informing employees of their rights and how to act on them.

Another legal shift of note: reverse discrimination claims are also gaining traction, partly due to recent U.S. Supreme Court rulings that have narrowed the permissible use of race and gender-based preferences in education and federal contracts. While employment law remains distinct, these rulings are influencing how courts and agencies approach claims by white employees or men alleging unfair treatment.

Common Pitfalls

• Policies That Are Outdated or Poorly Written: Failing to update employee handbooks to reflect current laws and best practices. Or worse, attempting to write or change a policy without the significant expertise required. They become evidence.
• Inconsistent Enforcement: Applying policies unevenly, which can be perceived as discriminatory.
• Poor Documentation: Lack of proper records can hinder your ability to defend against claims.
• Inadequate Training: Managers and staff may not be equipped to handle sensitive issues appropriately.

Action Steps

1. Review and Update Policies: Ensure all HR policies are current and compliant with federal and state laws.
2. Train Your Team: Provide regular training on discrimination, harassment, and proper workplace conduct. Common-sense solutions are not always legal.
3. Document Everything: Keep detailed records of employee interactions, performance reviews, and disciplinary actions. Be vigilant, and train your team on the difference between subjective and objective documentation.
4. Consult HR Experts: Don’t wait until you’re in doubt; seek guidance to navigate complex HR situations effectively. The days of flying under the radar or assuming you’re too small to be targeted are over.

Staying proactive in your HR practices helps prevent EEOC charges and fosters a positive work environment. It also allows you to run your business without the fear and distraction of fighting off a lawsuit. Remember, a well-managed team is your greatest asset in building a successful practice.

For more detailed information, refer to the full article: Numbers Don’t Lie: What the Spike in EEOC Charges Tells Us.