18th Annual Workplace Class Action Report - 2022 Edition

Annual Workplace Class Action Litigation Report: 2022 Edition 7 The following chart tracks these figures: Employment discrimination class action settlements, on the other hand, showed a decrease in 2021, as compared to 2020. In 2021, the top 10 settlements totaled $323.45 million, as compared to $422.68 million in 2020. In 2020, the value of the top 10 largest employment discrimination class action settlements of $422.68 million was the highest figure reached since we began tracking numbers , 2 and $76.28 million higher than the next highest year recorded (2010). While lower than the levels employers saw in 2020, the 2021 settlement numbers were significantly higher than previous years, including 2015 ($295.57 million) and 2017 ($293.5 million), and greatly exceeded those in 2012 ($48.65 million), 2013 ($234.1 million), 2014 ($227.93 million), 2016 ($79.81 million), 2018 ($216.09 million), and 2019 ($139.2 million). In fact, the top 10 settlements in 2021 of $323.45 million were higher than the average year-over-year value of the top 10 settlements from 2012 to 2020 of $217.5 million. The comparison of the settlement figures with previous settlement activity over the last decade is illustrated in the following chart: 2 An analysis of class action settlement activity is discussed in Chapter II of this Report. The total of $422.68 million in 2020 was the highest total recorded since we started tracking numbers. By comparison, the $139.2 million in 2019 was the fourth lowest total since the Wal-Mart ruling in 2011. The figures for each of the preceding years are as follows: $216.09 million (2018); $293.5 million (2017); $79.81 million (2016); $295.57 million (2015); $227.93 million (2014); $234.1 million (2013); $48.6 million (2012); $123.2 million (2011); $346.4 million (2010); $86.2 million (2009); $118.36 million (2008); $282.1 million (2007); and $91 million (2006). The issuance of the Wal-Mart decision in June 2011, depressed numbers under $300 million for each year thereafter until 2020.