When an employee files a discrimination complaint, what do you see as the real problem?
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The complaint itself?
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The disruption it may cause?
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Or the circumstances that led to the complaint in the first place?
If your instinct is to focus on the complaint rather than what gave rise to it—that’s the real risk.
A Real-World Example: Retaliation, Race Discrimination & Poor Leadership Decisions
Westminster Ingleside King Farm Presbyterian Retirement Communities recently agreed to pay $85,000 to settle a lawsuit brought by the Equal Employment Opportunity Commission (EEOC). The case involved serious allegations of race discrimination, retaliation, and violations of Title VII of the Civil Rights Act.
Here’s what the EEOC alleged:
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Kenya Jeanlouis, a Black woman with excellent performance reviews and a strong track record, was denied promotion to VP due to “lack of a bachelor’s degree.”
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The white employee who received the promotion? Also didn’t have a bachelor’s degree.
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After Jeanlouis earned her degree and again requested consideration, she was allegedly passed over again—this time for another white candidate.
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Following her internal complaint about race discrimination, she received her first-ever written warning for “disrespect,” and was soon terminated.
The EEOC filed suit, claiming:
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Race discrimination
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Failure to promote
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Wrongful discharge
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Retaliation
The case was settled early, likely before discovery was complete, which may explain what many would consider a relatively low dollar figure given the seriousness of the allegations.
Retaliation: The Claim Employers Underestimate Most
Let’s be clear: Retaliation is a standalone legal claim.
Even if a discrimination claim ultimately fails in court, a retaliation claim can—and often does—succeed.
📊 In FY 2023, nearly 60% of all EEOC charges included retaliation.
That’s not an anomaly. It reflects a pattern: employees speak up, employers react poorly, and the retaliation becomes the bigger legal risk.
What This Means for Employers and HR Professionals
📌 Don’t treat the complaint as the threat—treat the conduct that prompted it as the issue.
If you punish or marginalize an employee for reporting a concern, you’re not just exposing your organization to liability—you’re sending a message that undermines morale, trust, and retention.
🛑 Trying to “make complaints go away” doesn’t reduce risk—it multiplies it.
Actionable Takeaways to Reduce Legal Risk and Build a Stronger Workplace Culture
✅ Encourage Reporting and Investigate Promptly
Don’t discourage employees from coming forward. Build a culture where reporting is treated as a sign of engagement—not betrayal.
✅ Train Managers on Legal Responsibilities and Response
Your front-line leaders must understand that Title VII, EEO laws, and company policies don’t just live in an employee handbook. They govern real decisions—like promotions, discipline, and termination.
✅ Align Your Stated Values with Your HR Practices
Policies on paper mean nothing if your organization punishes employees who speak up.
✅ Audit Promotion and Disciplinary Decisions
If similar qualifications yield vastly different outcomes based on race, gender, age, or other protected characteristics, you may be setting yourself up for a claim—even unintentionally.
✅ Address Retaliation Head-On
If an employee raises a concern, any subsequent action—disciplinary or otherwise—needs to be scrutinized carefully for timing, consistency, and documentation.
Final Thought
Equal Employment Opportunity (EEO) compliance isn’t about checking boxes. It’s about building a culture of accountability, fairness, and trust.
The cost of ignoring that?
Lawsuits, turnover, bad PR, and the loss of high-performing employees like Kenya Jeanlouis.
If you’re serious about avoiding legal trouble and keeping your best people, it’s time to start treating complaints as opportunities for leadership—not liabilities.
📅 Need help evaluating your HR policies or training your leadership team?
[Schedule a free 20-minute consultation] to discuss how we can help protect your business—and build a workplace culture that attracts and retains top talent.
💼 Maybe You Think Everything’s Fine? That’s What Most Employers Think—Until It Isn’t.
Compliance gaps, unclear policies, and communication breakdowns often fly under the radar—until they result in:
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Employee lawsuits
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Failed DOL or EEOC audits
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Union activity
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High turnover
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Trouble attracting and retaining top talent
If you’re ready to get ahead of these hidden legal and operational risks, let’s talk.
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“What You Need to Know About the Overlap Between FMLA, ADA, and Workers’ Comp”
This webinar is packed with practical guidance, real-world HR scenarios, and includes 1.5 SHRM recertification credits. You’ll walk away with the clarity and confidence to handle even the most complex employee leave compliance issues.
👉 [Watch the FMLA-ADA-Workers’ Comp training now] to stop second-guessing your leave decisions.
Contents of this post are for educational/informational purposes only, are not legal advice, and do not create an attorney-client relationship. Consult with competent employment counsel in the state(s) in which you employ people with your specific questions.
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