EEOC-Initiated Litigation - 2026 Edition

39 | EEOC-INITIATED LITIGATION: 2026 EDITION ©2026 Seyfarth Shaw LLP PART III: District Office Profiles While the EEOC is a national enforcement body, the Commission’s 15 District Offices often take different approaches to their respective litigation and settlement activity. To that end, Part III provides an overview of key developments from each District Office in FY 2025. Each summary begins with a District Profile, which outlines key players and litigation statistics. These statistics include: 1) the number of lawsuits filed in FY 2025, followed by the district’s rank among other offices; 2) the average time period between the issuance of a determination letter and the subsequent failure to conciliate notice; 3) the average time period between the failure to conciliate notice and the EEOC’s complaint; and 4) the average time period between the issuance of a determination letter and the EEOC’s complaint. Finally, the District breakdowns also contain summaries of notable lawsuits and settlements attributable to each office in FY 2025. KEY CASES FILED IN FY 2025 EEOC v. Sam’s East, Inc. and Walmart Inc., Case No. 1:25-CV-0222 (N.D. Ga.) As described by the EEOC, the defendant company allegedly terminated a disabled employee because of her disability. The EEOC alleges that the aggrieved employee was a longtime Sam’s Club employee who sought to return to her associate position at its Douglasville, Georgia store in June 2022 following a medical leave of absence after an automobile accident. The accident left her with post-concussion syndrome, upper back pain, muscle spasms and chronic lower back pain. The employee sought minor, temporary adjustments to her duties as a reasonable accommodation for her disabilities. Shortly after returning to work and successfully performing one shift, the employee was informed by her supervisor that she could not work with restrictions and would instead need to take another leave of absence until she could work without any restrictions. As instructed, the employee sought additional leave, providing Sam’s Club with a date by which she would be capable of working without restriction. Sam’s Club then denied the employee’s requested leave and fired her. The store’s general manager told her Sam’s Club would not accommodate her injuries because they occurred outside of work in violation of the Americans with Disabilities Act. EEOC Atlanta District Office DISTRICT PROFILE Director: Darrell Graham Regional Attorney: Marcus G. Keegan Merit Cases Filed in FY 2025: 7 Average Days Between Determination Letter & Failure to Conciliate: 100 Average Days Between Failure to Conciliate & Complaint: 188 Average Days Between Determination Letter & Complaint: 289 GA SC Atlanta ©2026 Seyfarth Shaw LLP

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