“You’d think it would be different by now.”

That’s the thought many employees carry with them, especially after a bias-laced performance review, a microaggression in a meeting, or the silence that follows a concern raised and ignored.

Despite decades of DEI training and countless “values” slides, discrimination still shapes daily work experiences. Diversity.com’s 2025 Workplace Discrimination Report found that 59% of professionals say it’s still happening across industries, departments, and career stages.

They’re not imagining it. The data, and the lawsuits, back them up.

Discrimination Filings Are Rising Again

In FY2024, the U.S. Equal Employment Opportunity Commission (EEOC) received 88,531 new charges of discrimination, a 9.2% increase from the prior year (Workplace Class Action, 2025). That’s the highest volume in years.

And it isn’t just filings. EEOC’s contact volume—including emails, calls, and intake forms—also increased, as more employees sought answers they weren’t getting from their companies (Lehr Middlebrooks, 2025).

This rise in workplace bias is not just a trend. It’s a signal that discrimination at work remains deeply embedded in corporate systems.

🟡 $665 million was recovered in settlements and damages. That marks a historic high (EEOC, 2024).

It's Not Just Overt Bias Anymore

Modern discrimination often hides in plain sight.

• A job candidate with a “foreign” name gets ghosted.

• A parent is passed over for promotions that require late-night availability.

• A junior staffer who flags bias quietly stops being invited to team meetings.

Retaliation remains the most frequently cited issue, making up nearly 50% of all EEOC filings in 2024. Claims based on disability, race, age, and pregnancy accommodations under the PWFA are also on the rise (Lehr Middlebrooks, 2025).

This isn’t about isolated bad actors. It reflects systems that haven’t evolved as fast as the workforce.

Legal Protections Are in Flux

In May 2025, a federal judge in Texas struck down EEOC guidance that expanded workplace protections for transgender employees (Associated Press, 2025a).

Earlier that spring, internal EEOC whistleblowers reported being directed to deprioritize new transgender discrimination cases (Associated Press, 2025b).

These legal shifts don’t just change policy. They affect whether employees feel safe coming forward in the first place and complicate the legal backdrop for inclusive workplace strategies and HR compliance.

“Good Culture” Doesn’t Mean Safe Culture

According to SHRM’s State of Global Workplace Culture report, 61% of employees describe their workplace culture as positive (SHRM, 2023). And yet…

🔺 Nearly 40% of workers say discrimination is still happening, based on Diversity.com’s 2025 findings.

The gap suggests that many workplaces may offer surface-level inclusion without deeper psychological safety at work. Belonging is not the same as being safe to speak freely.

Building real workplace culture and inclusion means ensuring safety is more than performative. It must be actionable and systemic.

For HR, DEI, and Leadership: What Now?

1. Don’t rely on annual surveys

Use regular pulse checks, anonymous feedback tools, and skip-level conversations. Discrimination isn’t always obvious.

2. Train for today’s bias

Include scenarios on retaliation, algorithmic bias, and accommodation, not just race or gender.

3. Track legal volatility

Make sure HR and DEI leads stay updated on rulings that affect protections and policies.

4. Use data as prevention, not defense

EEOC filings and internal feedback aren’t just red flags. They are early signs of cultural risk. Paying attention to DEI trends in 2025 and adjusting accordingly is critical.

The Bottom Line

Yes, discrimination is still happening in 2025. And it isn’t just in lawsuits or headline scandals. It lives in pay gaps, silence during meetings, biased policies, and missed opportunities. It’s the kind of harm that accumulates slowly until someone speaks up or leaves.

Organizations that want to lead with integrity need more than good intentions. They need visibility, accountability, and consistent action.

Download the full 2025 Workplace Discrimination Report to understand what’s driving the numbers, where your culture might be vulnerable, and what real progress looks like.

Build Inclusive, Equitable, and Safer Workplaces with Diversity.com

At Diversity.com, we help employers and job seekers connect through inclusive job postings, flexible job packages, and trusted DEI resources.

Whether you're improving your company’s workplace culture or exploring roles where your voice matters, we’re here to support you.

Looking for data to guide your strategy? Choose a report below:

• Download the 2025 DEI Workplace Report – Gain insights into diversity, equity, and inclusion trends across multiple industries.

• Download the 2025 Workplace Discrimination Report – Explore in-depth findings on bias, exclusion, and psychological safety in today’s workplace.

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✔ Choose a DEI Job Posting Package – Connect with underrepresented talent using flexible, targeted options.
✔ Access DEI Insights & Reports — Browse practical guides, data-backed articles, and expert wisdom to strengthen your inclusive hiring.
✔ Join Our LinkedIn Community — Collaborate with HR and DEI professionals on hiring trends and best practices.

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✔ Create a free job seeker account — Apply confidently for jobs with companies that believe in equity.
✔ Read Our Latest DEI Articles — Stay informed with expert-backed insights on workplace inclusion, safety, and growth.

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Have questions? Reach out to our team. We're here to support you.

Related Articles

• Types of Workplace Discrimination: What Employees Report Most

• Generational Bias: Why the Youngest and Oldest Workers Face the Most Discrimination

• Do Employees Feel Heard? What the Data Says About Belonging in 2025

• Intersectionality at Work: Why Overlapping Identities Matter in DEI Strategy

• Is DEI Discrimination? Debunking Myths About Fairness and Hiring

• How to Choose the Right Job Board for Inclusive Hiring in 2025

Sources & References

• Associated Press. (2025a, May 11). Federal judge strikes down workplace protections for transgender workers. https://apnews.com/article/ab89a52aca37c3b0319ed665852d6252

• Associated Press. (2025b, March 20). EEOC instructs staff to sideline all new transgender discrimination cases, employees say. https://apnews.com/article/88def3b2a735f09cb79d37fc1125b095

• EEOC. (2024). FY2024 Annual Performance Report. https://www.eeoc.gov/newsroom/eeoc-issues-agency-financial-report-fiscal-year-2024

• Filippatos Law. (2025). EEOC 2024 discrimination statistics: Why they matter. https://www.filippatoslaw.com/blog/eeoc-2024-discrimination-statistics-why-they-matter/

• Lehr Middlebrooks. (2025, March). EEOC charges increased by 9.2%. https://www.lehrmiddlebrooks.com/eeoc-charges-increased-by-9-2/

• SHRM. (2023). State of Global Workplace Culture Report. https://www.shrm.org/about/press-room/new-shrm-research-details-age-discrimination-workplace

• Workplace Class Action. (2025, February). EEOC issues annual report: Faces future in flux. https://www.workplaceclassaction.com/2025/02/eeoc-issues-annual-report-faces-future-in-flux/