EEOC Discrimination Lawsuits On the Rise

The Equal Employment Opportunity Commission (EEOC) filed over 50 percent more discrimination lawsuits this year than it did in fiscal year 2022. A preliminary report by the agency on its fiscal year 2023 said, “[t]he EEOC filed 143 discrimination or harassment lawsuits in fiscal year 2023," which began on Oct. 1, 2022, and ended Sept. 30, 2023.

EEOC discrimination lawsuits are only a portion of discrimination lawsuits filed each year against employers. They can also be filed by individual employees in certain cases, and can be grounded in Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act, the Pregnancy Discrimination Act, among others.  

The EEOC issued new guidance in January addressing hearing-related disabilities in the workplace. Of this increased number of discrimination lawsuit filings, “the agency filed nine ADA cases on behalf of employees with hearing difficulties.” 

In looking at which industries these lawsuits were directed toward, one report found the hospitality industry saw the most filings, closely followed but the healthcare and retail industries.

Nonetheless, it remains important to monitor new guidance issued by the EEOC, as well as trends in EEOC filings, so employers can ensure compliance in those areas to minimize potential liability.