©2025 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2025 EDITION | 62 61 | EEOC-INITIATED LITIGATION: 2025 EDITION ©2025 Seyfarth Shaw LLP The map below demonstrates both the top 10 states in terms of PWFA charge filings in FY 2023, as well as where the EEOC filed its pregnancy-based lawsuits in FY 2024. Texas led the way with 22 PWFA charge filings in FY 2023, followed by Georgia (16), Illinois (14), and North Carolina (14). Despite these states receiving the most PWFA charges in FY 2023, the only state in the top 10 for PWFA charges received to also see a pregnancy-based lawsuit in FY 2024 was Florida. Otherwise, in FY 2024, the EEOC filed its pregnancy discrimination merit lawsuits in lesser-populated states such as Alabama, Kentucky, Maryland, Nevada, and Oklahoma. Top States in Pregnancy Workers Fairness Act Charges Received FY 2023 PWFA CHARGES RECEIVED BY STATE ■ Texas: 22 ■ Georgia: 16 ■ Illinois: 14 ■ North Carolina: 14 ■ Tennessee: 11 ■ California: 10 ■ Florida: 10 ■ Michigan: 8 ■ New York: 8 ■ Ohio: 8 ■ Pennsylvania: 8 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 States where pregnancy-related lawsuits were filed . ©2025 Seyfarth Shaw LLP PART V: Industry Focus As described in Part II in its SEP, the EEOC identifies particular industries on which it intends to focus its enforcement activity. And as described in Part III, the EEOC’s District Offices approach litigation and settlement activity in their own idiosyncratic ways. Part V provides an overview of industries hit repeatedly by EEOC-initiated litigation in FY 2024, the number and bases of the complaints, which District Offices were mostly likely to bring those cases, and summaries of notable lawsuits filed. A Hospitality The vast majority of cases brought by the EEOC against companies in the hospitality sector in 2024 alleged discrimination in violation of Title VII (albeit on many different protected characteristics). The EEOC brought multiple cases focused on gender identity, as well as many cases alleging stereotypical direct sexual and racial harassment. KEY CASES FILED IN FY 2024 EEOC v. Harmony Hospitality LLC, Case No. 1:24-cv-00357 (N.D. Ill.). According to the complaint, defendant hotel operator employed a night auditor who dressed in a manner that was allegedly perceived as less masculine. Management instructed the employee’s supervisor to ask the employee to dress in a more conforming manner, and the supervisor refused because the employee is gay and identifies as more feminine. Allegedly the employee was fired mere hours after this disclosure. The EEOC is suing based on Title VII sex (gender identity/orientation) discrimination. EEOC v. New York Beer Project, Case No. 1:24-cv-00377 (W.D.N.Y.). Defendant operates a restaurant, beer hall, and brewery. The EEOC alleges that two employees were fired illegally based on disabilities. One was diagnosed with cancer and allegedly found himself no longer scheduled then terminated. The other experienced a nocturnal seizure, and upon learning of this his employer allegedly terminated him. The EEOC alleges violations of the ADA. EEOC v. Battleground Restaurants, Inc., Case No. 1:24-cv-00792 (M.D.N.C.). The EEOC brought suit based on a purported class of male applicants to positions in defendant’s restaurant chain. Per the complaint, of 2,100 employees in defendant’s chain in a two-year period, only 3% were male. The EEOC alleges violations of Title VII based on sex. 21 Hospitality Industry Merit Cases Filed in FY 2024 New York Atlanta Miami Birmingham Charlotte Houston Los Angeles Indianapolis Chicago St. Louis Philadelphia 2 5 4 2 2 2 1 1 1 1 1 EEOC District Offices Bringing Suit & Number of Lawsuits Brought by Each District Statutory Basis for Suit 17: Title VII 5: ADA 1: ADEA 1: GINA ©2025 Seyfarth Shaw LLP
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