EEOC-Initiated Litigation - 2026 Edition

87 | EEOC-INITIATED LITIGATION: 2026 EDITION ©2026 Seyfarth Shaw LLP Below is a word cloud, highlighting the most common words and phrases employed by the EEOC in its 2025 headlines. Not surprisingly, in the current environment, “Disability,” “Discrimination” and “Sues” play prominently. Second, the media statement will include a statement of claims, describing the complained of discrimination, harassment, and/or retaliation, including factual and legal allegations. The more aggressive press releases will set forth the most sensational and detailed allegations, whereas the measured versions may state the allegations in more bland terms, which can sometimes be so vague that it is difficult to divine what the claims were based upon in the first place. Third, the Commission will include quotes from the relevant District Director and possibly a Regional Attorney involved in the litigation. The tone of the EEOC’s quotes can vary greatly, depending on, among other things, the importance of the issue to the Commission’s strategic goals, the duration of the litigation, and resources expended. Excluding conciliation media statements, on very rare occasions, the EEOC may allow a quote from the employer on the resolution of the lawsuit. Although it is unlikely the Commission will agree to such a statement, if the litigation and settlement proceed amicably, it is certainly worth attempting to negotiate the point. Finally, the media statement will conclude with a statement of the EEOC’s mission (e.g. “The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination”). Media statements that make note of the SEP are more likely to be among the more aggressive. Media Statements Signal Things to Come. While shifts in focus naturally accompany changes in administration, one constant remains: through its press releases, the EEOC newsroom reliably and effectively communicates the agency’s strategic agenda for the near term. During FY 2025, the EEOC has conveyed a wide spectrum of priorities—ranging from initiatives aimed at reaching workers least

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