EEOC Increases Litigation Activity as Discrimination Statistics Rise

Last year, the U.S. Equal Employment Opportunity Commission (EEOC) filed 143 meritless lawsuits, 25 of which were systemic, and resolved 98 lawsuits, awarding victims of workplace discrimination more than $22.6 million in financial compensation. The 143 lawsuits represent an increase of more than 50% compared to 2022 levels, and 2024 is on track to match or possibly surpass 2023.

“This reflects the agency’s efforts to enforce federal antidiscrimination laws through its affirmative litigation, appellate and amicus programs,” said Karla Gilbride, EEOC general counsel. “It demonstrates an ongoing commitment to impactful litigation that advances the Commission’s goals to remedy and prevent discrimination in the workplace. I’m also pleased that stakeholders can now find information about the EEOC’s lawsuit resolutions from last year and prior years through the EEOC’s online Explore tool.”

The key points of filing are (note: the percentages do not always add up to 100%, as some lawsuits may contain multiple allegations):

• In fiscal year 2023, the EEOC filed 143 lawsuits on the merits of the case, including 25 systemic lawsuits and 32 non-systemic class actions.

• The most commonly cited grounds for discrimination were retaliation (39.2%), gender (35%), disability (34.3%) and race (16.8%).

• At the end of fiscal year 2023, the EEOC had 227 cases pending in district court, of which 95 (41.8%) were class or systemic cases.

• In FY 2023, the EEOC filed 10 memos on appeals in Commission cases, seven as appellant and three as defendant, and one memo in opposition to an interlocutory appeal.

Other workplace discrimination statistics in 2024 include:

Gender Discrimination According to the Pew Research Center, 42% of working women have experienced discrimination in the workplace because of their gender.

A study by job board The Muse found that 41% of women felt discriminated against during a job interview based on their gender. LGBTQI+ discrimination According to American Progress, half of LGBTQI+ adults report experiencing discrimination or harassment in the workplace in the past year because of their sexual orientation, gender identity or intersex status.

State costs Texas had the highest percentage of total U.S. costs at 10.2%, followed by Florida at 8.7%, Pennsylvania at 6.8%, California at 6.1%, and Georgia at 6.0%. ©Vitalii Vodolazskyi / AdobeStock

Other Age Discrimination Racial Discrimination Retaliation Other 4.2% Age Discrimination 15.6% Racial Discrimination 28.6% Retaliation 51.6%

The EEOC has filed 34 briefs as amicus curiae in closed court cases.

The EEOC defines class actions as pattern or practice, policy, and/or class actions in which discrimination has a broad impact on an industry, profession, business, or geographic location. Class actions seek relief for multiple aggrieved individuals.

The main resolution highlights are:

The EEOC resolved 98 lawsuits on the merits in FY 2023, recovering over $22.6 million for 968 individuals. Successful outcomes (settlements or favorable judgments) were achieved 91 percent of the time.

In FY 2023, the EEOC resolved 14 systemic lawsuits, obtaining just over $11.7 million for approximately 806 individuals and substantial equitable relief. Two select systemic examples include:

ɕ In one case, the EEOC alleged that affiliated entities that own and operate 21 McDonald’s franchises subjected male and female employees to sexual harassment, resulting in the constructive discharge of some employees. The three-year consent decree provides $1,997,500 to 41 individuals, along with equitable relief.

ɕ In another case, the EEOC alleged that a construction company racially harassed and retaliated against the two plaintiffs and other black employees who were laborers on a job site. Black employees reported the harassment, but the employer failed to investigate and instead fired the two plaintiffs. The two-year consent decree provides $1.2 million to 31 plaintiffs, along with fair compensation.

In recognition of the 60th anniversary of the Civil Rights Act of 1964 and the importance of highlighting civil rights history, the EEOC has expanded its library of EEOC Explore data visualizations of aggregated cost data, workforce demographics, and limited employer-reported wage data to include select cases resolved from 2019 to the present. The EEOC will continue to add data in the years ahead.

Most common forms of discrimination reported in 2023

Workplace discrimination cases increased significantly in 2024, with the U.S. Equal Employment Opportunity Commission (EEOC) receiving more than 500,000 calls and 81,055 new charges, according to WH Law. EEOC Increases Litigation Activity as Discrimination Statistics Rise Litigation activity increased by more than half in 2023 and could increase even further in 2024. L yday, the U.S. Equal Employment Opportunity Commission (EEOC) filed 143 lawsuits, 25 of which were systemic, and resolved 98 cases, resulting in more than $22.6 million in financial compensation for victims of workplace discrimination. The 143 lawsuits represent an increase of more than 50% compared to 2022 levels, and 2024 is on track to match or possibly surpass 2023.

“This reflects the agency’s efforts to enforce federal antidiscrimination laws through its affirmative litigation, appellate and amicus programs,” said Karla Gilbride, EEOC general counsel. “It demonstrates an ongoing commitment to impactful litigation that advances the Commission’s goals to remedy and prevent discrimination in the workplace. I’m also pleased that stakeholders can now find information about the EEOC’s lawsuit resolutions from last year and prior years through the EEOC’s online Explore tool.”