Employment Discrimination Statistics

2023 Employment Discrimination Statistics Employees Need to Know

(Updated June 2023)

Employment discrimination statistics give employees insight into what is happening in workplaces across the country in 2023. 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 2023 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

In Fiscal Year 2022, the EEOC received 73,485 new discrimination charges, representing an almost 20% increase from the previous fiscal year. The agency also handled more than 475,000 calls—an 18% increase from FY 2021—and managed 32% more emails from the public than the previous year.

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: 22,843 or 37.2% of cases
  • Race: 20,908 or 34.1% of cases
  • Sex: 18,762 or 30.6% of cases
  • Age: 12,965 or 21.1% of cases
  • National Origin: 6,213 or 10.1% of cases
  • Color: 3,516 or 5.7% of cases
  • Religion: 2,111 or 3.4% of cases
  • Equal Pay Act: 885 or 1.4% of cases

In 2022, 61% of employees in the United States say they have witnessed workplace discrimination.

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. In 2021, 58% of Asian Americans reported workplace discrimination.

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. Race discrimination cases have the highest number of resolutions – 743,458 since 1997. Sex discrimination cases are not far behind in the number of resolutions, with 701,383 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

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.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.



    Get the latest employment and labor law news
    and resources straight to your email inbox.


Sustaining Law Firm Badge