Why should you be concerned about a retaliation complaint as an employer? A review of the Equal Employment Opportunity Commission’s (EEOC’s) website shows a range of retaliation complaint statistics for all statutes from 1997 to 2022. The figures for 1997 show a complaint rate of 22.6% with a steady rise culminating in a rate of 51.6% for 2022 and for 2022 retaliation rates remain the highest of all claims.

Why are the rates so high for cases of retaliation? An employee can be unsuccessful in a claim based on protected class but the EEOC can find in favor of the employee in a subsequent retaliation claim. If you receive a complaint from an employee, whether through an outside agency or as an internal complaint, it is important that the employer take the complaint seriously. This means thoroughly reviewing/investigating any complaints made either through your own Human Resources office or through a neutral third party and handling the situation appropriately based on those findings. It also means ensuring your managers and staff don’t treat the complainant any differently after making the report.

If you have received a complaint and you are unsure of how proceed, contact Southwestern HR Consulting (SWHRC) today and we can provide you with guidance from our team of experts.

Written by | Magdalena Vigil-Tullar

HR Consultant | MBA, SPHR, SHRM-SCP, CLRP

Phone: 505-270-7494 | Email: magdalena@swhrc.com

PO Box 14274 | Albuquerque, NM 87191