69 | EEOC-INITIATED LITIGATION: 2026 EDITION ©2026 Seyfarth Shaw LLP PART V: Industry Focus As described in Part II in its SEP, the EEOC identifies particular industries on which it intends to focus its enforcement activity. And as described in Part III, the EEOC’s District Offices approach litigation and settlement activity in their own idiosyncratic ways. Part V provides an overview of industries hit repeatedly by EEOC-initiated litigation in FY 2025, the number and bases of the complaints, which District Offices were mostly likely to bring those cases, and summaries of notable lawsuits filed. A. Hospitality The vast majority of cases brought by the EEOC against companies in the hospitality sector in 2025 alleged discrimination in violation of Title VII (albeit on many different protected characteristics). In contrast from FY 2024, where the EEOC brought multiple cases focused on gender identity, the EEOC only brought only one case based on gender identity in 2025. Most of the cases allege stereotypical sexual or racial harassment, a few cases address disability discrimination, including pregnancy and related conditions, and religious discrimination, and one case alleged a failure to comply with a conciliation agreement. KEY CASES FILED IN FY 2025 EEOC v. Starboard Group, Inc., Starboard With Cheese LLC, Case No. 3:24-cv-2260 (S.D. Ill.). According to the complaint, the company subjected a class of transgender employees to pervasive sexual harassment, including subjecting the employees to repeated misgendering, graphic sexual comments, unequal bathroom access, and degrading conduct based on their gender identify. The company also allegedly terminated one employee and reduced hours for others after they raised concerns about the harassment and refused to update company records to reflect legal name changes. The EEOC brought claims under Title VII for discrimination based on gender identity and retaliation. EEOC v. Smoke BBQ LLC, Case No. 1:25-cv-00278-TBM-RPM (S.D. Miss.). The EEOC filed suit against restaurant Smoke BBQ LLC, alleging that a female employee told her coworkers about pregnancy shortly after she started working at the restaurant and was then fired one day later after managers learned of her pregnancy in violation of Title VII. 20 Hospitality Industry Merit Cases Filed in FY 2025 Chicago Birmingham Houston Los Angeles Philadelphia Indianapolis Miami San Francisco St. Louis Phoenix 2 3 3 3 2 2 2 1 1 1 EEOC District Offices Bringing Suit & Number of Lawsuits Brought by Each District Statutory Basis for Suit 18: Title VII 3: ADA ©2026 Seyfarth Shaw LLP
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