EEOC Releases Two Litigation Program Updates

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) released the Fiscal Year (FY) 2023 Office of General Counsel (OGC) Annual Report, covering Oct. 1, 2022 to Sept. 30, 2023, and a new data dashboard highlighting selected resolved cases from the past five fiscal years.

In FY 2023, the EEOC filed 143 merits lawsuits, 25 of which were systemic, and resolved 98 suits obtaining over $22.6 million in monetary relief for victims of employment discrimination. The 143 suits represent an increase of more than 50% compared to FY 2022 levels.

“OGC’s 2023 report reflects the agency’s efforts to enforce federal anti-discrimination laws through its affirmative litigation, appellate, and amicus programs,” said EEOC General Counsel Karla Gilbride. “It details a continued commitment to impactful litigation that advances the Commission’s goals of remedying and preventing discrimination in the workplace. I’m also pleased stakeholders can now find information about EEOC’s litigation resolutions in FY 2023 and prior years through EEOC’s Explore tool.”

Filing highlights include (note percentages may not add to 100% as some suits may have multiple allegations):

• In FY 2023, the EEOC filed 143 merits lawsuits, 25 were systemic suits and 32 were non-systemic class suits.
• The most frequently alleged bases of discrimination were retaliation (39.2%), sex (35%), disability (34.3%), and race (16.8%).
• At the end of FY 2023, the EEOC had 227 merits cases on its active district court docket, of which 95 (41.8%) were class or systemic cases.
• In FY 2023, the EEOC filed 10 briefs on appeal in Commission cases, seven as appellant and three as appellee, and one brief in opposition to interlocutory appeal. The EEOC filed 34 briefs as amicus curiae in private suits.

The EEOC defines systemic suits as pattern or practice, policy and/or class cases where the discrimination has a broad impact on an industry, profession, company or geographic location. Class suits seek relief for multiple aggrieved individuals.

Resolution highlights include:

• The EEOC resolved 98 merits suits in FY 2023, recovering over $22.6 million for 968 individuals and achieved a successful outcome (settlement or favorable judgment) in 91% of all suit resolutions.
• In FY 2023, the EEOC resolved 14 systemic suits, obtaining just over $11.7 million for approximately 806 individuals and significant equitable relief. Two selected systemic suits include:
  • In EEOC v. AMTCR, Inc., AMTCR Nevada, Inc., AMTCR California, LLC, No. 2:21-cv-01808 (D. Nev.), 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 3-year consent decree provides for $1,997,500 to 41 individuals, along with equitable relief.
  • In EEOC v. The Whiting-Turner Contracting Company, No. 3:21-cv-00753 (M.D. Tenn.), the EEOC alleged that a construction contractor subjected the two charging parties and other Black employees working as laborers at a construction site to racial harassment and retaliated against the charging parties. Black employees reported the harassment, but the employer did not investigate and instead terminated the two charging parties. The 2-year consent decree provides for $1.2 million to 31 claimants, along with equitable relief.

In recognition of the upcoming 60th anniversary of the 1964 Civil Rights Act and the importance of highlighting civil rights history, the EEOC expanded its library of EEOC Explore data visualizations of aggregated charge data, workforce demographic data, and limited employer-reported pay data, to include selected litigation cases resolved in FY 2019 to FY 2023. The EEOC will continue to add data in future years.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.