As in FY 2020, the EEOC reported in this year’s Agency Financial Report that theCommission again filed 13 systemic cases, the same total as FY 2020, and down from17 in FY 2019 and 37 in FY 2018.The issues in those lawsuits involved challenges to employment policies that limit therights of individuals with disabilities, sex-based failures to hire, harassment based onsex and pregnancy, discharges based on race and national origin, and age-basedlayoffs.Systemic lawsuits – 29 pending cases – accounted for 16% of the EEOC’s docket ofcases in FY 2022.In contrast, by the end of FY 2018, the EEOC had 71 systemic cases on its activedocket, two of which included over 1,000 victims. Systemic cases accounted for 23.5%of all active merits lawsuits in that year.In delivering on its strategic initiatives, the EEOC secured $485 million in monetary relieffor over 15,000 alleged victims of employment discrimination in FY 2022. It resolved atotal of 138 merit lawsuits and reduced the inventory of its appellate cases by 9.1%.13© Duane Morris LLP 2023The EEOC Litigation Review – 2023
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