EEOC-Initiated Litigation - 2023 Edition

©2023 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2023 EDITION | 9 The bar graph below represents the types of charges filed with the EEOC between FYs 2017-2021. As this graph demonstrates, the amount of age, race, religion, and sex-based discrimination charges have remained relatively steady over the past five years. However, one type of charge that is becoming more prevalent is disability discrimination. ADA charges accounted for over 37% of all EEOC charges in FY 2021, compared to just over 30% in FY 2016. Preventing sexual harassment in the workplace remains a top priority for the EEOC. Indeed, one of the six EEOC priorities is “Preventing Harassment” (and has been since 2013). The EEOC also launched a Select Task Force on the Study of Harassment in the Workplace in 2015. To this end, sexual harassment charges made up over 10% of all charges filed in FY 2019, compared to just 7% in FY 2016. In FY 2021 alone, employees filed 5,581 EEOC charges alleging sexual harassment. 2021 2020 2019 2018 2017 Age Disability Equal Pay Harassment National Origin Pregnancy Race Religion Retaliation Sex 18,376 26,838 996 26,978 8,299 3,174 28,528 3,436 41,097 25,605 16,911 24,605 1,066 26,699 7,106 2,790 24,600 2,859 39,469 24,655 15,573 24,238 1,117 26,221 7,009 2,753 23,976 2,725 39,110 23,532 14,183 24,324 980 24,221 6,377 2,698 22,064 2,404 37,632 21,398 12,965 22,843 885 21,270 6,213 2,261 20,908 2,111 34,332 18,762 EEOC Charges by Basis FY 2017-2021

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