©2026 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2026 EDITION | 62 With respect to the types of claims asserted, the graphs below show 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. At the end of every EEOC fiscal year, the Seyfarth team analyzes each EEOC filing to identify key trends. Despite the overall decrease in lawsuits (93 filings in FY 2025, as compared with 111 filings in FY 2024), when considered on a percentage basis, the distribution of cases filed by statute remained roughly consistent compared to the last few years. Title VII cases once again made up the majority of cases filed, accounting for 55% of all filings (on par with the 68% in FY 2024, 63% in FY 2023, and 65% in FY 2022). ADA cases also made up a significant percentage of the EEOC’s filings, totaling 36% in FY 2025, generally aligning with prior levels of 37% in FY 2024, 34% in FY 2023, and 29% in FY 2022. In terms of pure filings, however, ADA lawsuits remain in an upward trend. After filing just 27 ADA cases in FY 2022, the Commission has since filed 47 such cases in FY 2024 and 34 cases in FY 2025. While the most recent figure reflects a slight dip, this still represents growth compared to earlier years and highlights the EEOC’s continued focus on initiating litigation on behalf of workers with disabilities. The Commission also filed nine lawsuits under the Age Discrimination in Employment Act in FY 2025, compared to seven in FY 2024 and 13 in FY 2023. Additionally, while Equal Pay Act claims are typically not a common target for EEOC lawsuits, the EEOC did not file any EPA claims in FY 2025. The ADEA is typically the third-most commonly cited statute in EEOC lawsuits, but in FY 2025, the ADEA was overtaken by filings asserting pregnancy-related violations. In FY 2025, the EEOC filed 11 lawsuits under the Pregnancy Discrimination Act and/or the newly enacted Pregnant Workers’ Fairness Act. When considering claims asserted on the basis of either sex or pregnancy, the EEOC filed a whopping 37 cases alleging such claims. This emphasis on sex and pregnancy-related issues aligns with public statements by Acting Chair Lucas, who has placed an emphasis on enforcing protections in both of these areas. One of the most noticeable shifts in FY 2025 is the resurgence of the Chicago District Office, which reclaimed the top spot with 11 merit lawsuit filings after trailing in recent years. Houston and Indianapolis followed closely with 8 filings each, as both of these District Offices have remained active across the last few fiscal years. Meanwhile, Phoenix, Birmingham, Atlanta, and Philadelphia each posted 7 filings, signaling a strong presence across the East and Southeast regions. In contrast, historically high-volume offices on the West PDA/PWFA Title VII Religion Race/National Origin Retaliation Hostile Work Environment Sex/Pregnancy ADEA ADA 0 20 40 60 80 100 Cases Filed by Statute FY 2025 Title VII Cases by Allegation 51 3 11 22 23 37 9 10 34 ©2026 Seyfarth Shaw LLP
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