©2024 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2043 EDITION | 43 PART IV: By The Numbers: EEOC Data Analysis A Trends in EEOC Federal Court Filings In FY 2023 Each fiscal year we analyze the types of lawsuits the EEOC files, in terms of the statutes and theories of discrimination alleged, as well as when the cases were filed. In FY 2023, we saw the total number of filings—144—increased a sizable amount from FY 2022’s 95 total filings. This spike in merit lawsuits aligns with the EEOC’s heightened levels of litigation activity in pre-pandemic years and suggests a return to this approach under the Commission’s new Democratic majority. Beginning with the timing of these filings, the EEOC once again ramped up its litigation activity at the end of its fiscal year by filing 71 cases in September alone. In addition to its active September, the EEOC was particularly active in the spring of 2023, as it filed 13 lawsuits in March and 16 lawsuits in May. Both figures represent 5-year high marks for EEOC filings for each month. The graph below show the number of EEOC lawsuits filed per month over the last four fiscal years. With respect to the types of claims asserted, 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, etc.) and, for Title VII cases, the theory of discrimination alleged. This analysis can often reveal how the EEOC is shifting its strategic priorities. Despite the overall increase in lawsuits, when considered on a percentage basis, 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 70 80 Sep. Aug. Jul. Jun. May Apr. Mar. Feb. Jan. Dec. Nov. Oct. FY 2020 FY 2021 FY 2022 FY 2023 Cases Filed by Month FY 2020-2023
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