Retaliation: The Most Common Charge Filed with the EEOC in 2019

The U.S. Equal Employment Opportunity Commission (EEOC) has released statistics about charges of employment discrimination, harassment, and retaliation filed with the agency in 2019. Retaliation was the most common charge, both nationally and here in Kentucky.

The EEOC is the federal agency responsible for enforcing federal workplace anti-discrimination laws. Kentuckians alleging illegal employment discrimination may file their charges with the EEOC or with the Kentucky Commission on Human Rights (KCHR), our state counterpart. The EEOC and the KCHR have a cooperative work-sharing agreement so an individual may file their charge with either and request that it be cross-filed with the other agency as well.


2019 EEOC data


Of the 72,675 charges filed with the EEOC in 2019, 39,110 (53.8%) were for, or included, retaliation. An employer retaliates against an employee by taking an adverse, or negative, employment action (such as termination, suspension, or demotion) against an employee after the employee engaged in a “protected activity” (such as complaining of sexual harassment, reporting allegedly discriminatory treatment, or participating as a witness in an EEOC investigation or a co-worker’s discrimination or harassment lawsuit).


Aside from retaliation, disability discrimination, race discrimination, and sex discrimination made up the majority of charges filed with the EEOC:

  • Disability - 24,238 (33.4%)
  • Race - 23,976 (33%)
  • Sex - 23,976 (32.4%)
  • Age - 15,573 (21.4%)
  • National origin - 7,009 (9.6%)
  • Color - 3,415 (4.7%)
  • Religion - 2,725 (3.7%)
  • Equal Pay Act - 1,117 (1.5%)
  • Genetic information - 209 (0.3%)

(Total percentage is greater than 100% because of charges with multiple components.)


Kentucky charges by the numbers


Kentucky employees filed 687 charges with the EEOC in 2019, the second-lowest number in a decade. Kentucky charges were less than 1% of the national total. Consistent with national filings, retaliation charges were the highest at 295 (42.9% of the total Kentucky charges).


Kentuckians filed charge types in similar proportions to filers nationally, with disability, race, and sex discrimination charges leading the way:

  • Race - 277 (40.3%)
  • Disability - 247 (36%)
  • Sex - 203 (29.5%)
  • Age - 162 (23.6%)
  • National origin - 42 (6.1%)
  • Religion - 33 (4.8%)
  • Color - 31 (4.5%)
  • Equal Pay Act - 10 (1.5%)
  • Genetic information - 2 (0.3%)


Any Kentuckian with questions about potential legal remedies for employment discrimination should talk to an experienced lawyer. Similarly, a Kentucky employer should develop a relationship with knowledgeable legal counsel to understand workplace responsibilities to prevent unlawful discrimination, harassment, and retaliation, as well as for guidance and representation in responding to internal complaints, EEOC, and KCHR charges, or state or federal lawsuits.


Recent Posts

Horse statue with fountain in the background
By Lockaby PLLC • October 2, 2026
Payroll errors don't have to be intentional to create significant liability. What can employers learn from DoorDash's recent settlement with New York City?
Street with trees and brick buildings
By Lockaby PLLC • September 25, 2026
The Second Circuit Court of Appeals shifts the focus in religious accommodations cases from process to motive. Read our blog to learn more!
Man with glasses speaking, text in background
By Lockaby PLLC • September 23, 2026
A purchase agreement turns the framework of an M&A transaction into a binding contract between the parties. Watch this video to learn the ins and outs!
Brick exterior of a house with decorative rails around a porch
By Lockaby PLLC • September 18, 2026
Have you ever wondered how M&A financing works? Read our latest blog to understand the difference between cash, debt, and equity financing in M&A transactions.
Matt Lockaby discussing the parts of the letter of intent for a merger or acquisition.
By Lockaby PLLC • September 16, 2026
What is the Letter of Intent? Watch our latest YouTube video where Matt Lockaby breaks down this important document found in every M&A or business transaction.
Stonework on a building done in limestone
By Lockaby PLLC • September 1, 2026
For businesses, using AI in the workplace is common. Employers need to know what to include in an AI policy for their workplace. Read our blog to learn more.
By Lockaby PLLC • August 24, 2026
What are common interview mistakes employers should avoid? What can you ask in an interview? Watch our video now to learn more about interviewing best practices!
A statue of a horse outside triangle park in Downtown Lexington
By Lockaby PLLC • August 21, 2026
Two new DOL opinion letters clarify when employee travel is an ordinary commute and when it becomes compensable work time under the FLSA. Read on to learn more.
By Lockaby PLLC • August 6, 2026
Due diligence helps buyers identify any hidden liabilities that could affect the value of the business. Read our blog to learn about five common liabilities.
Understanding Disparate Impact in 2026
By Lockaby PLLC • July 28, 2026
In today’s video, Abby explains disparate impact under Title VII of the Civil Rights Act and recent developments from the EEOC and DOJ.
Show More