EEOC-Initiated Litigation - 2022 Edition

Table of Contents	II
PART I - CURRENT TRENDS IN EEOC LITIGATION	1
A. Another Year Of Turnover In Commission Leadership And Shifting Strategic Priorities	1
1. Changes Made; Changes Reversed	1
2. Trends In Case Filings In FY 2021	4
3. Most Active District Offices And Year-End Spike	5
4. Developments In Subpoena Enforcement Actions And EEOC Investigations	6
a. Courts Upholding A Broad Scope Of EEOC Subpoenas After The Supreme Court Clarified The Standards Of Appellate Review In McLane Co. v. EEOC	7
b. Cases Restricting The EEOC’s Subpoena Power	10
5. The EEOC’s Strategic Enforcement Priorities	13
B. The Elimination Of Systemic Barriers In Recruitment And Hiring	15
1. Recent Judicial Decisions Involving Discrimination Against Women Applicants And Employees	15
2. Developments In The EEOC’s Pursuit Of Age Discrimination Claims	18
C. Protection Of Immigrant, Migrant, And OtherVulnerable Workers	21
1. Enforcement Developments In Religious Discrimination	21
2. Developments In The EEOC’s Approach To National Origin Discrimination	24
3. Protection Of Immigrants’ Rights To Combat Discrimination In The Courts	25
D. Addressing Emerging And Developing Issues	27
1. Recent Court Decisions Involving Pregnancy Discrimination	27
2. Continuing Developments In Sexual Orientation and Transgender Discrimination After Bostock	28
3. Developments In Disability Discrimination Law	30
a. Recent Decisions Interpreting The ADA’s Requirements Regarding “Reasonable Accommodations” And “Qualified Individuals”	30
b. Recent ADA Decisions Regarding What Qualifies As A Disability	32
c. Recent Cases Addressing What Constitutes Discrimination “On The Basis Of Disability”	34
4. Complex Employment Relationships	36
E. Ensuring Equal Pay Protections For All Workers	39
F. Preserving Access To The Legal System	45
G. Preventing Harassment	49
1. EEOC Enforcement Efforts In The Wake Of The #MeToo Movement Collide With New Agency Priorities	49
2. Case Law Developments Involving Harassment Claims	50
a. Decisions About What Constitutes Actionable Harassment	50
b. Establishing Employer Liability	53
c. Race-Based And Other Forms Of Harassment	54
PART II - COMPENDIUM OF SIGNIFICANT EEOC-LITIGATION DECISIONS IN 2021	55
A. Motions To Dismiss, Procedural And Jurisdictional Attacks	55
1. Motions To Dismiss	55
2. Other Procedural Attacks	57
B. Discovery In EEOC Cases	57
1. Motions To Compel, Entries Of Confidentiality And Protective Orders, And Other Discovery Procedures	57
C. Dispositive Motions In EEOC Pattern Or Practice And Single Plaintiff Cases	60
1. ADA Cases	60
2. Race And National Origin Discrimination/Hostile Work Environment Cases	63
3. Sex/Pregnancy Discrimination/Hostile Work Environment Cases	66
4. Religious Discrimination Cases	70
D. Judgments And Remedies In EEOC Litigation	72
1. Attorneys’ Fees, Costs, And Sanctions	72
2. EEOC Consent Decrees, Conciliation, And Settlements	73
INDEX OF AUTHORITIES	75

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