In SHIFT HR Compliance Training’s recent webinar “Brace for Impact: How to Prepare for Rising Harassment Complaints,” experts Katherin Nukk-Freeman (President & Co-Founder of SHIFT HR) and Kristy Grazioso (Associate General Counsel at Wiley) tackled the growing concern many HR and compliance leaders share: Why are complaints increasing—and how can organizations proactively respond?
Here’s a snapshot of the conversation and what your organization needs to know.
According to the EEOC, workplace discrimination charges jumped by 44% between 2021 and 2024, with 88,531 new charges filed in 2024 alone. The trend shows no signs of slowing down.
What’s fueling this rise?
“Employees are not just recognizing inappropriate behavior—they’re taking action,” noted Nukk-Freeman.
Kristy Grazioso explained how evolving interpretations of discrimination law are affecting the workplace. These changes are fueling new risks for employers—ranging from an uptick in so-called “reverse” discrimination claims to confusion over executive orders and increased scrutiny of employee behavior online.
Reverse Discrimination Claims Are on the Rise
A recent Supreme Court decision in Ames v. Ohio Dept. of Youth Services eliminated the “extra-burden” test, meaning all discrimination claims—regardless of the plaintiff’s group—now face the same evidentiary standard. As the EEOC affirms: “There is no such thing as ‘reverse’ discrimination. There is only discrimination.”
Executive Orders Are Sowing Confusion
Some employees may misunderstand recent EO language as a license to make negative remarks about protected groups—especially LGBTQ+ or racial minorities—causing more complaints and internal friction.
Social Media Is a Risk Multiplier
Off-hours posts, political hot takes, or DEI-related commentary can escalate quickly. Without clear guidelines and training, this can spark both complaints and public relations issues.
SHIFT’s Webinar panelists outlined a multi-pronged prevention strategy.
1. Update Your Policies
“Outdated or vague policies are a liability,” Nukk-Freeman warned. “Proactive communication is your first line of defense.”
2. Document, Document, Document
Solid documentation is a cornerstone of legal defense and internal accountability. Employers should have:
3. Invest in Culture-Shifting Training
Compliance training should go beyond meeting mandates and box-checking. It must be:
“Training done right is culture-shifting,” said Grazioso. “It connects legal standards to daily decisions—and builds trust.”
4. Empower Your Frontline Managers
Retaliation is the #1 driver of EEOC claims—managers need to know how to avoid costly missteps. Equip them with:
One of the most powerful insights from the webinar? Every complaint is a data point.
When handled well, complaints:
“Everything that happens is the best possible thing that could happen—if you treat it as a learning moment,” Nukk-Freeman reminded the audience.
If your organization is navigating workplace culture challenges or updating your harassment and discrimination prevention strategies, SHIFT is here to help. From legally grounded training to expert-vetted policy guidance, we help organizations move from compliance to culture change.
Download our infographic: Ten Reasons Why Harassment Prevention Is the New Protection — a quick, powerful resource to share with your team.
Interested in a free demo of our training programs? Join one of our Demo Days this summer or contact us here.
Missed the webinar? Watch the full recording here.
Do you have any questions about our HR Compliance or Workplace Culture training? Contact us today to discover how we can elevate your training programs and support you in creating a more inclusive and empowering workplace.
