We anticipate these figures will grow by next year’s report, so it is more crucial than ever for employers to comply with discrimination laws.
The Equal Employment Opportunity Commission’s (EEOC) 2024 fiscal year spanned from October 1, 2023, to September 30, 2024.
Compared to FY 2023, the EEOC’s total number of lawsuits decreased substantially from 144 in 2023 to 110 in FY 2024. While the lawsuit filing numbers are down overall, the FY 2024 lawsuit filing data confirms that EEOC litigation remains steady and enforcement efforts year-over-year continue to enhance the EEOC’s initiatives.
Each year, the EEOC’s filing activity surges during the final month of the fiscal year, and this year was no different, as the EEOC filed an additional 67 lawsuits in September. FY 2024 had the same amount of September filings (67 lawsuits) compared to FY 2023 September filings, and the filing of several dozen lawsuits at “the eleventh hour” confirms employers must carefully track the Commission’s activity during this month.
We track notable changes based on previous fiscal year filing metrics including the following: filings by month, filings by EEOC district offices, filings based on type of discrimination and filings based on industry. Key distinctions in FY 2024 for those metrics are:
- EEOC district offices: Filings across the board were down, but Atlanta rose to one of the top filing offices along with Chicago and Indianapolis (each with 11 lawsuits) and Philadelphia’s filings, although at the top of the list, decreased from last year (19 lawsuits in FY 2023; 14 lawsuits in FY 2024);
- Filings based on discrimination type: Filings remained roughly consistent throughout, with Title VII filings again taking the top spot (constituting about 61 percent of filings), a rise in ADA filings (41 percent in FY 2024; 34 percent in FY 2023), and a decrease in ADEA filings (seven filings in FY 2024; 12 filings in FY 2023).
- Like FY 2023, three industries remained the focus of EEOC enforcement in FY 2024:
- Hospitality―23 filings;
- Healthcare―22 filings; and
- Retail―21 filings.
The full data (and infographics) on the EEOC’s FY 2024 is accessible on our Duane Morris Class Action Defense Blog.
Looking ahead to FY 2025, the EEOC’s budget includes a $33.221 million increase from 2024. The EEOC forecasts to prioritize five key areas:
- Advancing racial justice and combatting systemic discrimination on all protected bases, particularly with respect to vulnerable workers;
- Advancing pay equity;
- Addressing the use of artificial intelligence in employment decisions;
- Providing information to assist employers that chose to undertake lawful approaches to fostering diversity, equity, inclusion and accessibility in their workplaces; and
- Preventing unlawful retaliation and harassment.
The EEOC also maintained its FY 2024 goals for its own Diversity, Equity, Inclusion and Accessibility Program where it seeks to achieve four goals, including workplace diversity, employee equity, inclusive practices and accessibility. Additionally, the EEOC continues to emphasize and build upon its FY 2021 software initiatives addressing artificial intelligence, machine learning and other emerging technologies in continued efforts to provide guidance. The EEOC notably recognized that AI systems may offer new opportunities for employers but cautioned AI’s potential to facilitate discrimination. Finally, the joint anti-retaliation initiative among the EEOC, the U.S. Department of Labor and the National Labor Relations Board will continue to address retaliation in American workplaces.
In many respects, FY 2024 was a year of targeted enforcement and continued efforts across several discriminatory areas, even if total filings decreased overall. The EEOC again requested a significant budget increase for its enforcement efforts, and the EEOC’s focus on emerging technologies juxtaposed with discrimination warrants employer recognition. As election season is approaching, the EEOC’s FY 2024 represents the current presidency’s enforcement goals and the agency’s efforts to combat all areas of discrimination. We anticipate these figures will grow by next year’s report, so it is more crucial than ever for employers to comply with discrimination laws.
For More Information
If you have any questions about this Alert, please contact Gerald L. Maatman, Jr., Alex W. Karasik, Jennifer A. Riley, George J. Schaller, any of the attorneys in our Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are regularly in contact.
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