The Modern Workplace

The Equal Employment Opportunity Commission (“EEOC”) has released its enforcement and litigation statistics for FY2022. In summary, the EEOC’s data shows that there were 73,485 charges of discrimination filed in FY2022, which represents 12,154 more charges than were filed in FY2021. Of those charges, retaliation continues to be the most frequently cited claim -- accounting for 51.6 percent of all charges filed in FY2022. Race, color and sex discrimination claims increased marginally while religious discrimination claims more than sextupled from the prior fiscal year.[1] In contrast, national origin and age discrimination claims dipped slightly. For FY2022, the data shows that the EEOC secured more than $513 million for private sector claimants, including approximately $342 million through mediation, conciliation and settlements of charges. The following is a breakdown of claims filed in FY2022 (some charges allege multiple categories, which make the percent ages add up to more than 100 percent):

• Retaliation: 37,898 claims (51.6 percent of charges filed)
• Retaliation (Title VII): 28,462 (38.7 percent of charges filed)
• Disability: 25,004 (34.0 percent of charges filed)
• Race: 20,992 (28.6 percent of charges filed)
• Sex: 19,805 (27.0 percent of charges filed)
• Age: 11,500 (15.6 percent of charges filed)
• National Origin: 5,500 (7.5 percent of charges filed)
• Color: 4,088 (5.6 percent of charges filed)
• Religion: 13,814 (18.8 percent of charges filed)
• Equal Pay Act: 955 (1.3 percent of charges filed)
• Genetic Information: 444 (0.6 percent of charges filed)

In FY2022, more charges were filed in Texas than in any other state, with 6,990 charges. Florida came in second with 5,192 charges, and Illinois followed in third with 4,909 charges.

As it relates to litigation data, the EEOC filed 91 merits lawsuits in FY2022. Merits suits consist of direct suits and interventions alleging violations of the substantive provisions of the federal employment statutes enforced by the EEOC, and suits to enforce settlements reached during EEOC’s administrative process. All FY2022 merits suits were direct actions. In addition to merits suits, the EEO filed two actions to enforce subpoenas issued during EEOC charge investigations.

The EEOC filed 13 systemic lawsuits in FY2022. Claims in those cases included: sexual harassment, hiring discrimination based on age, pay discrimination based on sex, and hiring and assignment discrimination based on race, national origin, and sex. At the end of FY2022, 32 cases on the EEOC’s active litigation docket were systemic suits, accounting for 18.1 percent of the 177 active merits suits.

Also in FY2022, the EEOC resolved 96 merits lawsuits, recovering $39.7 million for 1,461 individuals, which was an increase from $34.0 million the prior year. In addition, the data shows that EEOC achieved a successful outcome (settlement or favorable judgment) in 94.8 percent of all suit resolutions.

Based on the above, employers should continue to focus on employee training, implementing sound discrimination and retaliation policies, and improving workplace culture.

[1] There was a significant increase in vaccine-related charges filed on the basis of religion.