©2025 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2025 EDITION | 60 59 | EEOC-INITIATED LITIGATION: 2025 EDITION ©2025 Seyfarth Shaw LLP However, when adjusted for state population, the Southeast region of the country once again stands out in terms of EEOC charge filings per capita. As demonstrated by the map graphic below, in FY 2023, Georgia led the way with over five EEOC charges filed for every 10,000 people living in the state. Other notable states in this per-capita category include Arkansas (4.53 charges per 10,000 residents), Tennessee (3.91), Mississippi (3.9), and Nevada (3.85). In terms of the types of charges filed with the EEOC, retaliation is consistently the most common allegation, outpacing the next most popular category (typically disability discrimination or harassment) by at least 10,000 charges per year. Notably, this year retaliation outpaced the next category by more than 15,000 charges. Following with that trend, retaliation claims accounted for approximately 56% of all charges filed in FY 2023. The next most popular charge types in FY 2023 were harassment, disability discrimination, and race discrimination. Top 10 States in EEOC Charges Received Relative to State Population FY 2023 CHARGES RECEIVED PER 10,000 POPULATION ■ Georgia: 5.20 ■ Arkansas: 4.53 ■ Tennessee: 3.91 ■ Mississippi: 3.90 ■ Nevada: 3.85 ■ Illinois: 3.67 ■ Pennsylvania: 3.66 ■ Alabama: 3.60 ■ North Carolina: 3.50 ■ Maryland: 3.38 WA AK HI MT WY CO UT AZ NM TX LA AR MS AL TN FL GA NE KS OK MO IL WI MI OH IN KY VA WV PA NY VT NH CT ME MA MN IA SD ND SC NC ID NV CA OR DC MD DE NJ RI 2024 state population data courtesy of census.gov. ©2025 Seyfarth Shaw LLP The bar graph below represents the types of charges filed with the EEOC between fiscal years 2021-2023. As this graph demonstrates, the amount of disability, retaliation, and sex-based discrimination charges have steadily increased the past three years. Additionally, racial discrimination charges and harassment charges saw an increase from FYs 2021 and 2022. Race-based charges increased approximately by 31%, and harassment charges also rose by 31% in FY 2023. However, one type of charge that saw a notable decline in FY 2023 was religious discrimination. In FY 2022 American workers filed more religious-based EEOC charges than ever before, lodging 13,814 such charges. This took a sharp decline down to only 4,341 charges this year, close to a 68% decrease. This decrease is likely a result of the easing of COVID-19 vaccine requirements by the government and employers. The religious based charges filed in FY 2023 now resemble those observed prior to FY 2022, although, they do still remain marginally higher. While religious discrimination claims were not as prevalent at the EEOC this fiscal year, pregnancy discrimination emerged as a priority for both American workers and the Commission itself. With regard to charge data, workers filed 2,966 pregnancy-based charges in FY 2023, which represents a five-year high for pregnancy charge filings. The EEOC also filed a number of merit lawsuits alleging pregnancy-based claims in FY 2024, mostly notably filing its first five lawsuits under the recently-enacted Pregnant Workers Fairness Act (“PWFA”). The PWFA—which strengthens protection for pregnant workers and requires employers to accommodation several pregnancy-related conditions—went into effect June 27, 2023, and on April 15, 2024, the EEOC issued its final regulations concerning enforcement of the Act. 2023 2022 2021 11,500 25,004 955 24,430 5,500 2,273 20,992 13,814 37,898 19,805 14,144 29,160 1,012 31,354 6,963 2,966 27,505 4,341 46,047 25,473 12,965 22,843 885 21,270 6,213 2,261 20,908 2,111 34,332 18,762 Age Disability Equal Pay Harassment National Origin Pregnancy Race Religion Retaliation Sex EEOC Charges by Basis FY 2021-2023 ©2025 Seyfarth Shaw LLP
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