EEOC-Initiated Litigation - 2022 Edition

4 | EEOC-Initiated Litigation: 2022 Edition © 2022 Seyfarth Shaw LLP votes to disapprove, and Commissioner Lucas has cast six votes to disapprove. On the other hand, Chair Burrows and Commissioner Samuels have never cast a vote to disapprove. Commissioner Dhillon’s appointment is set to end on July 1, 2022, at which time the Commission will no longer have a Republican majority. If the Biden administration is able to confirm a new Commissioner, the new Democratic majority may vote as a bloc to approve all litigation matters or even revisit the delegation rules to return authority to the General Counsel and the Regions. 2. Trends In Case Filings In FY 2021 Each fiscal year we also analyze the types of lawsuits the EEOC files, in terms of the statutes and theories of discrimination alleged. The chart below shows the number of lawsuits filed according to the statute under which they were filed (Title VII, Americans With Disabilities Act, Pregnancy Discrimination Act, Equal Pay Act, and Age Discrimination in Employment Act, etc.) and, for Title VII cases, the theory of discrimination alleged. This analysis can often reveal how the EEOC is shifting its strategic priorities. In FY 2021, we saw the total number of filings increase significantly (notably, demonstrating that the EEOC’s more centralized decision-making has not impacted the rate at which it files cases). But when considered on a percentage basis, the distribution of cases filed by statute remained roughly consistent compared to FY 2019 and 2020. Title VII cases once again made up the majority of cases filed, making up 62% of all filings (on par with the 60% in FY 2019 and 56% in 2020). ADA cases also made up a significant percentage of the EEOC’s filings, totaling 36% this year, up from 28% in FY 2020. This too is fairly typical. There was only one age discrimination case filed in FY 2021, as opposed to seven in FY 2020.