CHICAGO, February 8, 2024—Duane Morris LLP has released its EEOC Litigation Review ‒ 2024, an analysis of the Equal Employment Opportunity Commission’s enforcement lawsuit filings in 2023 and the significant legal decisions and trends impacting EEOC litigation for 2024. The review explains the impact of the EEOC’s six enforcement priorities as outlined in its Strategic Enforcement Plan on employers’ business planning and how the direction of the commission’s plan should influence key employer decisions. The review also contains a compilation of significant rulings decided in 2023 that impacted EEOC-initiated litigation and a list of the most significant settlements in EEOC cases in 2023.
In 2023, the EEOC’s litigation enforcement activity showed that its previous slowdown in filing activity is well in the rearview mirror, as the total number of lawsuits increased from 97 in 2022 to a whopping total of 144 in fiscal year 2023. In accordance with tradition, the EEOC filed more lawsuits in September 2023, the last month of its fiscal year, than in any other month since October 2022. The EEOC filed 67 lawsuits in September 2023, up from 39 filed in September 2022. Overall, the 2023 lawsuit filing data confirms that aggressive EEOC enforcement activity is back on the menu and the litigation filing-machine is back at full throttle, with no signs of slowing down. Now that the EEOC has a majority of Democrat-appointed commissioners firmly in place, along with a significantly increased proposed budget, corporate America can expect to see a resurgence of enforcement activity in 2024.
“The EEOC Litigation Review will empower corporate counsel, human resource professionals and business leaders with insights into the EEOC’s latest enforcement initiatives and provide strategies to minimize the risk of drawing the EEOC’s scrutiny,” says Gerald L. Maatman, Duane Morris partner and co-editor of the review.
“We strive to provide this valuable resource to corporations, as they are well served to take the compliance and risk mitigation steps necessary to protect themselves from being targeted by EEOC litigation,” added Jennifer A. Riley, Duane Morris partner and co-editor of the review. “We want to help companies take those important steps.”
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