Employment discrimination statistics give employees insight into what is happening in workplaces across the country. The more information you have, the better equipped you are to make decisions about your future. If you believe you may have a workplace discrimination case, know that you are not alone in your challenges.
Understanding Employment Discrimination Statistics in the U.S.
Employers do not always abide by employment laws. In fact, it occurs more often than you think. One of the more common employment law violations is discrimination. The following breakdown of employment discrimination statistics provides key information on the prevalence of various types of discrimination and who it is happening to across the U.S.
Employment Discrimination by Discrimination Type
The types of employment discrimination employers inflict on employees vary, affecting thousands of people yearly. Even though it has been illegal for decades, discrimination continues to happen.
The most prevalent type of discrimination charge is retaliation, totaling 37,632, or 55.80% of the cases in the U.S., according to the latest employment discrimination statistics. Additional types of employment discrimination charges and their respective case numbers and percentages:
- Disability: 24,324 or 36.10% of cases
- Race: 22,064 or 32.70% of cases
- Sex: 21,398 or 31.70% of cases
- Age:14,183 or 21.00% of cases
- National Origin: 6,377 or 9.5% of cases
- Color: 3,562 or 5.3% of cases
- Religion: 2,404 or 3.6% of cases
- Equal Pay Act: 980 or 1.5% of cases
In 2022, 46% of employees say discrimination is a problem in their workplace.
These employment discrimination statistics are just part of employees’ valuable information to protect their rights. Let’s break it down some more.
Employment Discrimination by Demographic
Demographic data also provides some insight into what is happening across the country.
Racial discrimination has increased since the pandemic’s beginning, including discrimination targeting Asian and Asian American individuals. Asians reported over 1,100 cases of harassment and discrimination in 2020 alone.
Additionally, people reporting sexual orientation discrimination make up 33% of those who have experienced employment discrimination.
Transgender discrimination is by far the most common. 90% of employees who are transgender have experienced harassment, mistreatment, and violence at their jobs.
24% of Hispanic and Black employees report feeling discriminated against in the past year. And approximately 35% of Native Americans have personally experienced slurs in the workplace.
Keep in mind this data is a sampling of employment discrimination by demographic, and it is not all-encompassing.
Employment Discrimination by Worker Experience
Discrimination happens more frequently behind closed doors but also out in the open for co-workers and even other managers to see. Some employers can be brazen because they feel they can get away with it. This damages the employee experiencing the discrimination and perpetuates an unhealthy and unsafe working environment.
According to recent employment discrimination statistics, 61% of employees in the United States have experienced or witnessed workplace discrimination. Other statistics based on worker experience include:
Age discrimination is prevalent. 45% of American workers have experienced Age discrimination in the workplace. Older workers have experienced forced retirement, getting passed over for opportunities, and even harassment. The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination, among other laws.
Other forms are prevalent as well. 42% of American workers say they have experienced workplace sex or race discrimination. Employees have federal and state laws protecting them from gender or race discrimination, including Title VII of the Civil Rights Act of 1964 (Title VII) and the Florida Civil Rights Act (FCRA).
Success Rate of Complaints
The success rate of complaints varies, according to employment discrimination statistics. It can be difficult, particularly if you do not have an employee rights attorney. A majority of claims are settled out of court. Sex discrimination cases have had the highest number of resolutions – 123,665 since 1997. Resolution of race discrimination cases is not far behind with 118,870 since 1997.
The settlements for complaints average about $40,000 but can go up to $300,000, depending on the employer’s size.
What to Do If You’ve Experienced Workplace Discrimination
As the employment discrimination statistics point out, the first thing is to know that you are not alone, and you should not face this by yourself. There are federal and state laws that protect you and legal professionals that can help.
How to Prove Employment Discrimination
The goal is to show that you were treated differently – or other employees received more favorable treatment. A strong case can be developed utilizing a combination of direct and indirect evidence.
Filing a Claim with the EEOC
A claim needs to be filed with the Equal Employment Opportunity Commission (EEOC). The claim should be thorough, accurate, and explained convincingly. An employment law attorney can help you through the process of filing a claim to ensure that your rights are protected and represented.
Chances of winning an EEOC case
EEOC cases can be challenging, but you are best equipped to win with experienced legal representation. 95% of EEOC district court cases are successful. Although, as mentioned above, most cases are settled out of court.
Many individuals who face employment discrimination may file an initial claim on their own (which may not be thorough or convincing) and then do not take further action. Therefore, many workers do not receive a resolution, and employers do not face the consequences of their unlawful actions.
When to Contact a Workplace Discrimination Attorney
If you think you may have a claim for a discrimination lawsuit in the workplace, set up a consultation with an employee rights attorney as soon as possible. There are statutes of limitations on cases, and you do not want to run out of time to be able to get a resolution and potential settlement. Employees have the right to a safe workplace where everyone is treated equally, without fear of harassment or discrimination.
Contact Wenzel Fenton Cabassa, P.A. today to set up a free consultation.