©2023 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2023 EDITION | 5 D Trends In EEOC Federal Court Filings In FY 2022 Each fiscal year we analyze the types of lawsuits the EEOC files, in terms of the statutes and theories of discrimination alleged. The chart below shows the number of lawsuits filed according to the statute under which they were filed (Title VII, Americans With Disabilities Act, Pregnancy Discrimination Act, Equal Pay Act, and Age Discrimination in Employment Act, etc.) and, for Title VII cases, the theory of discrimination alleged. This analysis can often reveal how the EEOC is shifting its strategic priorities. In FY 2022, we saw the total number of filings—95—decreased a sizable amount from FY 2021’s 114 total filings. When considered on a percentage basis, however, the distribution of cases filed by statute remained roughly consistent compared to the last few years. The graphs below show the number of lawsuits filed according to the statute under which they were filed (Title VII, Americans With Disabilities Act, Pregnancy Discrimination Act, Equal Pay Act, and Age Discrimination in Employment Act) and, for Title VII cases, the theory of discrimination alleged. 0 10 20 30 40 50 60 Sep. Aug. Jul. Jun. May Apr. Mar. Feb. Jan. Dec. Nov. Oct. FY 2019 FY 2020 FY 2021 FY 2022 Cases Filed By Month FY 2019-2022 Title VII Sex Religion Race National Origin PDA EPA ADEA ADA 0 10 20 30 40 50 60 70 80 Cases Filed By Statute FY 2022 Title VII Cases By Allegation 61 53 3 17 4 6 2 7 27
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