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Number of discrimination complaints continues to rise.

Writer's picture: Joseph DierJoseph Dier

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A troubling development for businesses is the recent increase in the number of discrimination complaints and charges filed with government agencies.  Let’s start with the NYS Division of Human Rights (DHR).  Here are the number of complaints filed with DHR in recent fiscal years:


  1. 2022–2023: 7,629 complaints.

  2. 2021–2022: 4,865 complaints.

  3. 2020–2021: 3,686 complaints.

  4. 2019–2020: 6,386 complaints.

  5. 2018–2019: 6,229 complaints.


As you can see, the 2022–2023 fiscal year represents a 56% increase from 2021–2022.  Even using the second-highest figure from the past five years, 2022–2023 still represents a nearly 20% increase.  It is unclear why the figures from 2021–2022 and 2020–2021 were so low, but they were likely anomalies (possibly due to the COVID pandemic) and not indicative of how future years will shake out. The NYS Human Rights Law has only increased employee protections and expanded their ability to file complaints. There is no reason to expect that the number of complaints filed in 2024 and beyond will decrease.


Employers can try to take solace in the fact that despite the huge increase in complaints, the total compensation awarded by DHR through conciliation or final order increased by only $500,000 ($6.7 million in 2022–2023, and $6.2 million in 2021–2022).  This implies that the increase in complaints does not necessarily mean that more complaints will lead to monetary damages or that significantly increased damages are being awarded.


As for the EEOC, the numbers are similarly troubling:


  1. FY 2023: 81,055 charges.

  2. FY 2022: 73,485 charges.

  3. FY 2021: 61,331 charges.

  4. FY 2020: 67,448 charges.

  5. FY 2019: 72,675 charges.


Although not as drastic as DHR, in 2023, the EEOC still saw a more than 10% increase in charges filed.  It should also be noted that the number of lawsuits filed against employers by the EEOC itself increased nearly 70% (93 to 158) from 2022 to 2023.


Unfortunately, anyone can file a complaint or charge, regardless of merit.  All that employers can do is take proactive measures to ensure that if the worst happens and a complaint is filed, they will have done everything necessary to provide myriad defenses in response and hopefully avoid a damages award.


Dier Law can help your business respond to such complaints while also implementing policies and procedures to minimize the risk of complaints and create a welcoming work environment. Call or email any time for a free consultation.

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