Workplace retaliation was identified in 56.8% of private-sector charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) in fiscal year (FY) 2023, up from 22.6% in FY 1997. The figures below are administrative charge statistics, not estimates of how often retaliation occurs in every workplace. EEOC charge and resolution figures cover private-sector and state/local-government workplaces and can include multiple alleged bases per charge.
Contents
- Long-term EEOC charge trend
- The rise from FY 2006 through FY 2013
- Retaliation’s share in FY 2014–2023
- Charges filed and charges resolved
- Federal prohibited-personnel-practice workload
- What the measures can and cannot show
Long-term EEOC charge trend
The EEOC’s long-run series shows both the number of retaliation-based charges and their share of all private-sector charges. In FY 1997, there were 18,198 retaliation-based charges, or 22.6% of 80,680 total charges. The count rose to 19,114 in FY 1998, or 24.0% of 79,591 total charges, and to 19,694 in FY 1999, or 25.4% of 77,444.
The early-2000s pattern continued upward in share. FY 2000 recorded 21,613 retaliation-based charges, 27.1% of 79,896 total charges. FY 2001 recorded 22,257, or 27.5% of 80,840. In FY 2002, 22,768 retaliation-based charges represented 27.0% of 84,442 total charges. The count was 22,690 in FY 2003, or 27.9% of 81,293, followed by 22,740 in FY 2004, or 28.6% of 79,432.
By FY 2005, the EEOC recorded 22,278 retaliation-based charges, equal to 29.5% of 75,428 total private-sector charges. Across this first period, retaliation’s reported share moved from just over one-fifth to just under one-third, while the annual retaliation count remained in a comparatively narrow range of 18,198 to 22,768.
Source: Bending Toward Justice: 60 Years of Civil Rights Laws Protecting Workers in America (EEOC).
The rise from FY 2006 through FY 2013
The next period brought a sharper increase in both the retaliation count and its percentage of total charges. In FY 2006, retaliation-based charges totaled 22,555, or 29.8% of 75,768 total charges. The count reached 26,663 in FY 2007, or 32.2% of 82,792, and 32,690 in FY 2008, or 34.3% of 95,402.
The series then reached 33,613 retaliation-based charges in FY 2009, equal to 36.0% of 93,277 total charges. FY 2010 recorded 36,258 charges, or 36.3% of 99,922. In FY 2011, 37,334 retaliation-based charges represented 37.4% of 99,947 total charges. FY 2012 recorded 37,836, or 38.1% of 99,412.
By FY 2013, retaliation-based charges stood at 38,539, or 41.1% of 93,727 total charges. The change in share across FY 2006–2013 is notable because it occurred while total annual charges moved up and down rather than following a single direction.
| Fiscal year | Retaliation-based charges | Total charges | Retaliation share |
|---|---|---|---|
| 2006 | 22,555 | 75,768 | 29.8% |
| 2009 | 33,613 | 93,277 | 36.0% |
| 2011 | 37,334 | 99,947 | 37.4% |
| 2013 | 38,539 | 93,727 | 41.1% |
Source: Bending Toward Justice: 60 Years of Civil Rights Laws Protecting Workers in America (EEOC).
Retaliation’s share in FY 2014–2023
Retaliation represented 42.8% of 88,778 total private-sector charges in FY 2014, when the EEOC recorded 37,955 retaliation-based charges. The following year, 39,757 charges represented 44.5% of 89,385 total charges. FY 2016 recorded 42,018 retaliation-based charges, or 45.9% of 91,503.
The share continued to rise even as the total number of charges changed. In FY 2017, 41,097 retaliation-based charges were 48.8% of 84,254 total charges. In FY 2018, 39,469 were 51.6% of 76,418. FY 2019 recorded 39,110 retaliation-based charges, or 53.8% of 72,675 total charges.
FY 2020 recorded 37,632 retaliation-based charges, 55.8% of 67,448 total charges. FY 2021 recorded 34,332, or 56.0% of 61,331. The count rose in FY 2022 to 37,898, while the share was 51.6% of 73,485 total charges. In FY 2023, the series recorded 46,047 retaliation-based charges, equal to 56.8% of 81,055 total charges.
| Fiscal year | Retaliation-based charges | Total charges | Retaliation share |
|---|---|---|---|
| 2014 | 37,955 | 88,778 | 42.8% |
| 2016 | 42,018 | 91,503 | 45.9% |
| 2018 | 39,469 | 76,418 | 51.6% |
| 2020 | 37,632 | 67,448 | 55.8% |
| 2022 | 37,898 | 73,485 | 51.6% |
| 2023 | 46,047 | 81,055 | 56.8% |
Source: Bending Toward Justice: 60 Years of Civil Rights Laws Protecting Workers in America (EEOC).
Charges filed and charges resolved
Filed-charge statistics and resolution statistics describe different administrative events. The EEOC’s separate resolution series shows how many retaliation-including charges it resolved, alongside the total number of resolutions, for FY 2016–2020.
In FY 2016, the EEOC resolved 44,094 retaliation-including charges, 45.3% of 97,443 total resolutions. The corresponding figures for FY 2017 were 46,811 and 47.2% of 99,109. In FY 2018, the EEOC resolved 44,779 retaliation-including charges, or 49.4% of 90,558 total resolutions.
The proportion exceeded one-half in the final two years of this supplied resolution series. FY 2019 included 41,778 retaliation-including resolutions, or 51.7% of 80,806 total resolutions. FY 2020 included 38,716, or 54.7% of 70,804 total resolutions.
| Fiscal year | Retaliation-including resolutions | Total resolutions | Share |
|---|---|---|---|
| 2016 | 44,094 | 97,443 | 45.3% |
| 2017 | 46,811 | 99,109 | 47.2% |
| 2018 | 44,779 | 90,558 | 49.4% |
| 2019 | 41,778 | 80,806 | 51.7% |
| 2020 | 38,716 | 70,804 | 54.7% |
Source: Retaliation Based Charges FY 2020 (EEOC).
Federal prohibited-personnel-practice workload
The U.S. Office of Special Counsel (OSC) provides a different lens: workload for prohibited-personnel-practice (PPP) complaints in the federal government. These figures include retaliation-related allegations, but they are not a retaliation-only subset. OSC counts each complaint as one matter even when it contains multiple allegations.
In FY 2020, OSC received 2,829 new PPP complaints and had 4,238 total complaints, including matters carried over from the prior fiscal year. It processed and closed 3,096 complaints, including 2,476 processed within 240 days, or 80% of those processed.
FY 2021 brought 2,304 new complaints and 3,451 total complaints. OSC processed and closed 2,390, including 1,883 within 240 days, or 79%. In FY 2022, it received 2,287 new complaints, had 3,333 total complaints, and processed and closed 2,382. Of those processed, 1,870, or 79%, were processed within 240 days.
Workload increased in the final two years of the period. OSC received 3,101 new complaints in FY 2023 and had 4,041 total complaints. It processed and closed 2,879, including 2,446 within 240 days, or 85%. In FY 2024, OSC received 4,017 new complaints and had 5,172 total complaints. It processed and closed 3,768, including 3,281 within 240 days, or 87%.
| Fiscal year | New complaints | Total complaints | Processed and closed | Within 240 days |
|---|---|---|---|---|
| 2020 | 2,829 | 4,238 | 3,096 | 2,476 (80%) |
| 2021 | 2,304 | 3,451 | 2,390 | 1,883 (79%) |
| 2022 | 2,287 | 3,333 | 2,382 | 1,870 (79%) |
| 2023 | 3,101 | 4,041 | 2,879 | 2,446 (85%) |
| 2024 | 4,017 | 5,172 | 3,768 | 3,281 (87%) |
Source: Office of Special Counsel Annual Report for Fiscal Year 2024 (OSC).
What the measures can and cannot show
These sources measure reported administrative activity, not the underlying prevalence of retaliation among all workers. An EEOC charge may include multiple alleged bases, and the EEOC figures cover private-sector and state/local-government workplaces. A charge count therefore should not be read as a percentage of employees who experienced retaliation.
The OSC series has a different scope. It covers all PPP complaints in the federal system, including matters with retaliation-related allegations, rather than isolating retaliation complaints. Its annual totals also include carried-over matters, so total complaints are not the same as new complaints. The 240-day figures describe processing timeliness for complaints processed, not the share of allegations proven.
Fiscal years are retained as reported. None of these figures is relabeled as a calendar-year measure or as 2026 data, and the historical figures should not be treated as independently verified beyond the cited agency publications.