The EEOC Litigation Review - 2023 - Report - Page 11
D.
Strategic Priorities In Litigation And Trends In Case Filings In FY 2022
The EEOC’s case filings totaled 94 lawsuits over the past fiscal year. It marked an
increase over FY 2020 when the COVID-19 pandemic pushed case filings down to just
33. However, it dipped below the figures for fiscal year 2021, when the EEOC filed 114
lawsuits.
The most noticeable trend of 2022 is the filing dip in some key regions compared to past
years. The New York district office had 6 filings in FY 2021 and only 2 in FY 2022. The
California district offices in San Francisco and Los Angeles, which combined for 13 new
filings last year, declined in FY 2022, falling to only 4 total filings, including San
Francisco’s fall from 6 to 1. The Indianapolis district office was in the middle of the pack
with 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 theories
of 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 the
EEOC’s filings, totaling 24% of the docket this past year. Conversely, age
discrimination cases filed in FY 2022 made up only 5% of the Commission’s docket.
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© Duane Morris LLP 2023
The EEOC Litigation Review – 2023
