Each year, the U.S. Equal Employment Opportunity Commission (EEOC) releases a report detailing the number and type of lawsuits the agency filed during the previous 12-month period. For fiscal year 2024 (October 1, 2023 to September 30, 2024), many predicted there would be an increase in EEOC-filed lawsuits due to the recent change in Commissioners (now representing a Democratic majority) and agency leadership. However, the FY 2024 report reveals that the EEOC filed just 110 lawsuits challenging alleged unlawful employment discrimination. This is a substantial decrease as compared to FY 2023 (143 lawsuits filed), but more consistent with the number of cases the EEOC filed in FY 2020 (93), 2021 (116) and FY 2022 (91).
Notably, in FY 2024, the EEOC continued its focus on disability discrimination, with approximately 44% of all cases filed alleging violations of the Americans with Disabilities Act (ADA). The EEOC reported that it “continued to vigorously enforce the ADA, filing 48 cases or almost half of all merits litigation on behalf of workers with disabilities. Many of these cases challenged employer qualification standards or other inflexible policies, such as those requiring employees to work with no medical restrictions without consideration of possible accommodations, or those assessing points for absences related to an employee’s disability.”
Further analysis of the EEOC’s 2024 lawsuits reflects that over 40 alleged retaliation under various statutes, and five alleged violations of the Pregnant Workers Fairness Act (PWFA), which became effective June 2023. In its 2024 report, the EEOC emphasized that its “suit filings were consistent with the agency’s Strategic Enforcement Plan (SEP) for Fiscal Years 2024-2028, which prioritizes addressing persistent forms of employment discrimination, such as recruitment and hiring discrimination and systemic harassment, as well as emerging issues and vulnerable populations. The agency also focused on geographic diversity, filing cases in parts of the country geographically removed from an EEOC office such as South Dakota, Utah and Wyoming.” Beyond discrimination cases, the EEOC filed another 18 lawsuits alleging non-compliance with the mandatory federal reporting requirements (EEO-1 Component 1 workforce demographic reports).
As we close the chapter on 2024 and look ahead to the new year, employers should be mindful of these litigation trends and the EEOC’s targeted areas of enforcement. Reviewing and updating accommodation and employment discrimination, harassment, and retaliation policies, as well as providing employees training on these high-priority topics will help your business maintain a fair and productive work environment and avoid costly employment lawsuits in 2025.
