©2026 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2026 EDITION | 68 While religious discrimination claims have not been as prevalent at the EEOC over the last few fiscal years, other categories have emerged as priorities for American workers. For instance, disability-related charges have increased year-over-year beginning in FY 2022, and the EEOC has continued to file a substantial amount of ADA lawsuits during this time. Age discrimination is another claim that is often asserted in EEOC charges, with the amount of age bias charges similarly increasing every fiscal year since FY 2022. The Commission’s litigation activity is in line with this trend, as the EEOC has filed between seven and 13 ADEA lawsuits per fiscal year during this time period. Additionally, EEOC charge data demonstrates that race, color, and national origin-based claims are increasingly common allegations made by employees. All three of these categories have seen year‑over-year increases since FY 2022, with race discrimination claims notably spiking by nearly 6% over the last few fiscal years. Race discrimination claims alone accounted for over 34% of total charges in FY 2024, with national origin and color discrimination claims accounting for 9.3% and 7.5% of total charges, respectively. It is interesting to note, however, that despite this persistent increase in race, color, and national origin‑based charges, the EEOC filed only three lawsuits alleging discrimination on these bases in FY 2025. This is compared to 14 such lawsuits in FY 2024, 27 in FY 2023, and 17 in FY 2022. The map below demonstrates both the top 10 states in terms of race, national origin, and color-based charge filings in FY 2024. Texas led the way with 5,105 such charge filings in FY 2024, followed by Florida (3,301), California (3,000), and Illinois (2,970). Despite these states receiving the most race, national origin, and colorbased charges in FY 2024, the only jurisdictions in which the EEOC filed lawsuits asserting discrimination on these grounds were Mississippi, Washington, and Guam. Race, Color, and National Origin Discrimination: Top States by Charges Received FY 2024 ■ Texas: 5,105 ■ Florida: 3,301 ■ California: 3,000 ■ Illinois: 2,970 ■ Georgia: 2,963 ■ New York: 2,363 ■ Pennsylvania: 2,242 ■ North Carolina: 2,000 ■ Ohio: 1,514 ■ Tennessee: 1,500 WA AK HI MT WY CO UT AZ NM TX LA AR MS AL TN FL GA NE KS OK MO IL WI MI OH IN KY VA WV PA NY VT NH CT ME MA MN IA SD ND SC NC ID NV CA OR DC MD DE NJ RI ©2026 Seyfarth Shaw LLP
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