Why You’ll See More Discrimination Claims and How to Handle Them

You can expect an uptick in discrimination claims.

Employees know more about discrimination and are more prepared than ever to file. And the EEOC is ready to respond and act on employees’ behalf.

Are you ready for this?

What’s Up in This Episode: Discrimination Claims Rise

We’ll help you prepare in this episode of HRMorning’s 3-Point. We talk with Michael Cohen, a Partner in the Employment, Labor, Benefits and Immigration Practice at Duane Morris LLC, on why EEOC claims are increasing and what employers can do to ensure their employees are safe so they aren’t on the receiving end of a complaint.

Click, watch and listen for more details on why discrimination claims are on the rise and how you can avoid claims against you.

Transcript (edited for clarity):

This is a difficult truth, but you need to prepare for more discrimination claims. In this episode of the 3-Point, you’ll see why there’s an increase and how you can better prepare for the possibility of a claim against you. First, here’s part of the reason the EEOC is receiving and responding to more inquiries every year.

Michael Cohen, Partner-Employment, Labor, Benefits and Immigration Practice, Duane Morris LLC: “The more people are aware of what their rights are under the different employment laws, whether it’s Title VI, whether it’s the age act, whether it’s the disabilities act. I think as people become more aware, claims are going to increase. And what we certainly know, or at least have experienced, but I think know, is that the younger generations are much more savvy and are much more aware of what their rights are and what they don’t have to tolerate than what we were aware of and what we thought we had to tolerate when we were in their position.”

So, it’s a matter of awareness. Employees know today what’s not acceptable. And they won’t put up with it. What do all employees need instead?

Cohen: “We want to make sure people are treated fairly. We want to make sure we create an environment that is as comfortable as possible, as much of the time as possible, for as many as possible. And if that means younger generations letting us know that there are certain behaviors that somebody who starts every sentence with the phrase, ‘Back in my day,” is engaging in. Then, good, we need those people around because times change. More has changed. Behavior has to change.”

Here’s proof that it is changing. The EEOC recovered a record-breaking $528 million for victims last year in the pre-litigation enforcement process — and another $100 million through dispute resolution and investigations. That doesn’t even cover what could happen after a complaint goes through the EEOC.

Cohen: “So even if the EEOC says, ‘There’s no probable cause to believe there’s discrimination,’ or the EEOC dismisses out of hand a charge, a right-to-sue order is issued. The employee or former employee still has the right at that point to file suit in federal court.”

So there’s a good chance an EEOC complaint isn’t the end of a discrimination claim. But if you have a solid internal reporting process, you might be able to avert some or all EEOC complaints. Three tips from a previous HRMorning story:

Set and enforce clear expectations. That means zero tolerance and immediate repercussions.
Make reporting easy and safe. Give employees clear options and full confidentiality.
Respond clearly and quickly. Your response sets the tone for any reports that follow.

You can get more details on those tips and more by clicking the story, “New Study: What 2026 Data Reveals About Reporting Workplace Harassment.” And as always, thanks for joining me on this episode.