2024 workplace harassment claims data

Workplace harassment is evolving. It’s become more discreet, hiding behind far-flung computer screens and communications platforms. At the same time, it’s also become more open and identifiable, with workplace harassment claims data more available than ever. Inappropriate behavior that may have been laughed off a decade ago is no longer tolerated, and workers are becoming increasingly informed and vigilant in reporting harassment.

Workplace harassment claims can have a significant impact on businesses and their day-to-day operations, so addressing harassment in an organization is extremely important. In this article, we will dive into some workplace harassment data and statistics for 2024. We’ll also take a look at some important metrics and discuss some future trends for harassment and discrimination.

Workplace harassment statistics 2024

91% of the U.S. workforce have experienced some form of discrimination, whether it be based on race, gender, weight, disability, age, religion, etc. — CNBC

78% of all workplace sexual harassment cases filed to the Equal Employtment Opportunity Commission (EEOC) are from women. — EEOC

In 2023, the EEOC recovered around $664 million in claims for workers who were victims of workplace harassment, which is a 30% increase from 2022. — EEOC

More than half (52%) of employees have witnessed inappropriate behavior occur at their workplace. — HRAcuity

48% of Black male and 36% of Black female workers have been discriminated against or harassed by an employer because of their race. — Pew Research

More than 48 million Americans, or roughly 30% of the entire workforce, have been bullied at work. — Business

Bullying in workplaces is often carried out by those in executive positions. In fact, 65% of those who bully workers are bosses. — Business

Around two-thirds of American workers over the age of 50 experience age discrimination in the workplace. — AARP

Between 2016 and 2023, more than 33% of all EEOC discrimination charges included racial, sexual, or disability harassment. — EEOC

The EEOC recovered a total of nearly $300 million in sexual harassment claims between 2018 and 2021, which was distributed to more than 8,000 workers. — EEOC

Up to 72% of victims of sexual assault in the workplace do not report it as they fear it will affect their career or do not have much faith in the claims process. — Zippia

Only 58% of all workplace harassment and misconduct issues were reported in 2023. — HR Acuity

The majority of EEOC cases are settled before they go to court. That said, those that do go to court have a 95% chance of success. — Wenzel Fenton

Transgender employees are six times more likely to be harassed at work than non-trans employees. — World Metrics

According to a 2023 report, 23% of LGBTQ+ employees have reported experiencing discrimination or harassment at work, with transgender employees specifically having the highest rate at 31%. — Catalyst

More than 7 out of 10 sexual harassment cases that occur in the workplace result in retaliation. — SC Training

Retaliation is the most common form of workplace discrimination, accounting for 52% of all cases submitted to the EEOC. — WH Law Offices

The most common age demographic that experienced workplace harassment in 2023 was 18 to 34, followed by 35 to 44. — HR Acuity

The average workplace harassment settlement is $50,000, but this amount can be much higher depending on the severity and scale of the case. — KDH Law

54% of Latinos in the U.S. experience discrimination or bias in the workplace. Additionally, Latinos with darker skin and those who were not born in the U.S. are 10% more likely to be discriminated against. — SHRM

Workplace harassment trends for 2024

In the last decade, due to the #MeToo movement and a rise in awareness, workplace harassment and discrimination are no longer going under the radar. The EEOC has begun cracking down harder on sexual harassment, racial discrimination, and other forms of misconduct in the workplace. 

Let’s take a look at some trends and predictions for future workplace harassment as well as some significant regulatory changes that could have major implications.

Due to regulation crackdowns, workplace harassment claims and lawsuits will increase

The number of EEOC claims and the amount of money awarded to victims of harassment has been rising around 10- 20% year over year. The main reasons for the increase in cases are improved and expanded regulations, and employees who are now more aware and willing to report inappropriate behavior.

For example, the EEOC sponsored nearly 400 educational workplace harassment events in 2023 geared toward spreading awareness about laws, what to do if you experience or witness discrimination, and how to prevent it.

Changes in regulations may get more complex with the overturning of the Chevron case by SCOTUS

In June 2024, the Supreme Court overturned the Chevron Deference in Loper Bright Enterprises vs. Raimondo. This ruling shifts the final say in court cases from federal agencies, such as the EEOC, to the Supreme Court. Since 1984, in legal cases of employment harassment and discrimination, the EEOC has been the final decision-maker, but the Loper Bright decision complicates this. 

The decision takes away some of the power of the EEOC and passes it directly to the courts. The EEOC has referred to the Chevron Deference in the past to settle disputes, but courts can now settle EEOC disputes themselves. 

This could significantly change the way that workplace harassment and discrimination regulations are put into place (or struck down).

Workplace safety and mental health is declining

A recent 2024 study shows that the mental health and safety of employees is on the decline in recent years. More than 2 million Americans experience violence in the workplace each year, with delivery drivers, taxi drivers, currency exchange workers, and those who work at night or alone at the highest risk.

Nearly 90% of workers in the survey believed that their employers should do more to improve the mental health state of employees. And around 70% of workers say that their mental health has declined in the past year. Gen Z is the most affected generation, with up to 90% struggling with chronic anxiety and stress at work.

Some of the main reasons for the decline in employee mental health are rising costs of living, overworking, career uncertainty, and health concerns.

Employers can no longer use forced arbitration for harassment claims

In 2022, President Joe Biden signed a bill that was a significant step forward in workplace harassment cases. The law ends forced arbitration, meaning employers can no longer force victims of harassment or discrimination to settle disputes out of court through arbitration. In the past, employers were able to prevent employees from taking the company to court for claims and instead settle disputes privately with an arbitrator. Arbitration is less costly for companies, but these cases tend to favor perpetrators, and forcing employees to settle this way deprives them of their constitutional rights. With the new law, victims of harassment can choose to either settle with employers through arbitration or litigation in a court setting.

Impact of workplace harassment

What do these workplace harassment claims tell us? First, harassment in the workplace is still a major issue. Changes in regulations and educational programs have helped spread awareness and motivated more victims to report incidents. But, harassment and discrimination in the workplace is not going away anytime soon.

Second, data shows that these claims are on the rise. But the good news is that more and more money for victims is won by the EEOC each year.

Workplace harassment can have negative impacts on a workplace as a whole, and if claims and lawsuits start pouring in, it can be impossible for a business to bounce back. Here are some common effects workplace harassment can have on employees.

• Mental health decline: Victims of workplace harassment are more likely to develop anxiety, depression, and in severe cases, PTSD.
• Absenteeism: Workers who experience harassment and discrimination are more likely to be absent from work. Affected employees may take more sick days or unpaid leave as they feel unsafe at work.
• Decrease in performance: Employees who are harassed in the workplace are less motivated and tend to have lower performance. In fact, studies show a 20% drop in productivity for victims of harassment.
• Resignation: The most common effect of workplace harassment is resignation. More than 60% of victims of workplace bullying end up resigning from their jobs.
• Legal consequences: Legal issues are the biggest consequences for harassment that employers face. Settlements, court fees, legal fines, and other financial penalties can add up, costing companies thousands of dollars.

How to prevent workplace harassment claims

Prevention is the best defense for workplace harassment. So, how can your company fight back against harassment and discrimination and prevent it from happening in your workplace?

Create a clear anti-harassment policy

Organizations need to be proactive — and not reactive — about addressing workplace harassment. This means having policies and procedures in place that are designed to discourage and prevent harassment from happening in the first place. Further, they need to make sure that those policies and procedures are readily available and communicated to all employees so that workplace harassment claims are appropriately addressed and resolved.

A clear workplace harassment policy ensures that no acts of harassment or discrimination within your company go unpunished. They also allow companies to map out their responses and consequences for incidents of harassment prior to them occurring.

It is extremely important to create clearly worded policies that outline all of the processes and possible consequences in-depth. Otherwise, your company could be at risk of legal action, such as wrongful termination suits. 

In recent years, many companies have implemented extreme zero-tolerance harassment policies, in which any employee, manager, or executive who commits harassment against a coworker will be immediately terminated without warning or disciplinary action. These policies show how serious your business is and can have some positive effects.

That said, zero-tolerance policies can also make employees less likely to report incidents of harassment as they often don’t want coworkers to get fired over a single transgression.

Streamline complaint and reporting procedures

Your business should make it as easy as possible for employees to report harassment or discrimination. There should be several channels for reporting an incident, and there should be protocols in place to ensure each report is investigated thoroughly.

It is also important to ensure that a non-biased party receives harassment reports. For example, since the majority of workplace harassment perpetrators are in management positions, you should ensure that victims can report harassment to HR, or another non-biased team.

Anti-discrimination and harassment training for leadership and employees

Another great way to prevent workplace harassment is to educate employees and leadership about the different types of harassment and inappropriate behaviors. Doing so informs employees and managers about the type of behavior that is not permitted. This helps to reduce harassment overall and increase reporting.

Not all anti-harassment training is effective. In fact, according to the Harvard Business Review, most of these programs do not decrease harassment in the workplace. That said, implementing a strategic program that educates employees and monitors inappropriate behavior can prove effective.

Invest in Employment Practices Liability Insurance (EPLI)

One thing that workplace harassment claims undoubtedly show is the need for employment practices liability coverage. This type of coverage protects your business — whether you are a small law firm or a large corporation — from workplace harassment claims, along with other types of employment-related claims. If you don’t have a policy in place, now might be the time to consider it. Employment liability claims can be costly, and they’re only getting more common. Contact us today. We can help you find the coverage you need to protect your business from these costly claims.

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