The U.S. Equal Employment Opportunity Commission (EEOC) has significantly increased its enforcement efforts, filing 143 new lawsuits during fiscal year 2023, representing a more than 50% rise from the previous year. This surge in litigation coincided with a record-breaking recovery of $665 million for over 22,000 victims of workplace discrimination, according to the agency’s annual performance report released on Monday.
Throughout FY 2023, the EEOC received 81,055 new discrimination charges, marking a 10% increase from the previous year. To manage this workload, the agency created 493 new positions, primarily comprising investigators, investigative support assistants, mediators, and attorneys, as noted by EEOC Chair Charlotte A. Burrows.
The agency’s focus during FY 2023 encompassed addressing systemic discrimination, workplace harassment, racial justice, retaliation, pay equity, and diversity, equity, inclusion, and accessibility. Additionally, the EEOC prioritized the examination of technology, such as artificial intelligence, in employment decisions.
A significant legislative development during the fiscal year was the implementation of the Pregnant Workers Fairness Act on June 27. This act provided expectant employees with enhanced protections not previously guaranteed by existing legislation, and the EEOC began accepting charges on the same day.
Of the new lawsuits filed in FY 2023, 17% were systemic cases, indicating involvement with multiple victims or discriminatory policies. The agency also resolved 370 systemic investigations, resulting in a recovery of $29 million for affected workers.
However, while the EEOC’s enforcement efforts have intensified, it’s essential to note that this increase in litigation doesn’t necessarily indicate a rise in workplace discrimination cases nationwide. Gerald Maatman, Jr., a partner with Duane Morris LLP, cautioned against drawing broad conclusions based solely on the EEOC’s litigation activities, emphasizing the limited scope of these lawsuits relative to all employment-related claims in the United States.
