D.Strategic Priorities In Litigation And Trends In Case Filings In FY 2022The EEOC’s case filings totaled 94 lawsuits over the past fiscal year. It marked anincrease over FY 2020 when the COVID-19 pandemic pushed case filings down to just33. However, it dipped below the figures for fiscal year 2021, when the EEOC filed 114lawsuits.The most noticeable trend of 2022 is the filing dip in some key regions compared to pastyears. The New York district office had 6 filings in FY 2021 and only 2 in FY 2022. TheCalifornia district offices in San Francisco and Los Angeles, which combined for 13 newfilings last year, declined in FY 2022, falling to only 4 total filings, including SanFrancisco’s fall from 6 to 1. The Indianapolis district office was in the middle of the packwith 4 filings this year. Philadelphia led the way in FY 2022 with a total of 7 filings.Miami and Phoenix also had 4 each, Memphis had 3, and Dallas, Houston, and St.Louis all had 2 total filings.An analysis of the types of lawsuits the EEOC files, in terms of the statutes and theoriesof discrimination alleged, shows that Title VII cases made up the majority of cases filed,making up 64% of all filings. ADA cases amade up a significant percentage of theEEOC’s filings, totaling 24% of the docket this past year. Conversely, agediscrimination cases filed in FY 2022 made up only 5% of the Commission’s docket.11© Duane Morris LLP 2023The EEOC Litigation Review – 2023
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