Issues and Bases Associated with Discrimination Charges
Employees often allege discrimination on multiple bases within a single charge. A basis is the protected legal class for the allegation, for example, race or disability. All SOGI allegations will include a basis of sex discrimination, but may also contain additional bases. The most common other bases of alleged discrimination nationally include retaliation (42%), race (17%), and disability (14%). This visualization compares the most frequent bases by state.
Allegations of discrimination must also include an issue, such as wrongful termination or harassment. When charging parties allege multiple bases of discrimination, it is often difficult to identify which basis is linked to a particular issue. For example, if an employee alleges discharge, the discharge could be attributable to sexual orientation, sex, race, or a combination of these factors. We take an intersectional approach by reporting the issues contained in a charge of discrimination that includes an allegation of SOGI discrimination, given that any or all of these issues could be tied to SOGI identity or the way that identity intersects with another protected class. The most common issue alleged nationally was discharge (54%), followed by harassment (47%), terms and conditions (29%), discipline (15%), and sexual harassment (14%). This visualization compares the most frequent issues by state.