EEOC-Initiated Litigation - 2023 Edition

6 | EEOC-INITIATED LITIGATION: 2023 EDITION ©2023 Seyfarth Shaw LLP When considered on a percentage basis, the distribution of cases filed by statute remained roughly consistent compared to FY 2021 and 2020. Title VII cases once again made up the majority of cases filed, accounting for 65% of all filings (on par with the 62% in 2021 and 60% in FY 2020). ADA cases also made up a significant percentage of the EEOC’s filings, totaling 29% this year, a moderate decline from 36% in 2021 and 30% in FY 2020. Notably, there were 7 age discrimination cases filed this year, a significant increase from last year’s single case. The most noticeable trend of this fiscal year is a return of the usual leaders of the pack: the Chicago, Miami, and Los Angeles District Offices, with 12, 8 and 8 filings, respectively. Chicago experienced a surprising dip in FY 2020 at only 3 filings, shot back up in 2021, but still lagged behind several other districts until this year. Similarly, the Los Angeles District, which historically has been a leading district for the EEOC, ended the year on top as well. The Miami District has also been very consistent, lodging at least 8 filings for five years in a row. Finally, the biggest surprise District in FY 2022 was Charlotte, which filed 10 merit cases this year after accounting for only 4 filings last year and only 1 filing in FY 2020. GA SC Atlanta MS AL FL Birmingham VA SC NC Charlotte IL WI MN IA SD ND Chicago NM TX Dallas TX LA Houston MI OH IN KY MI Indianapolis NV CA Los Angeles Hawaiian Islands American Samoa Guam Northern Mariana Islands Wake Island FL Miami Puerto Rico Virgin Islands AR MS TN Memphis NJ NY VT NH MA CT ME New York OH WV PA NJ Philadelphia MD DE RI WY CO UT AZ NM Phoenix WA MT ID NV CA OR San Francisco AK NE KS OK MO IL St. Louis DC 5 12 10 2 7 4 5 1 8 7 3 8 7 4 5 6 Filings by EEOC District FY 2022