3. Strategic Priorities In Litigation And Trends In Case Filings In FY 2024
In FY 2024 (October 1, 2023 to September 30, 2024), the EEOC’s litigation enforcement activity showed a notable decrease in filings in a year of transition for America. But with the uncertain election season in November 2024, the EEOC’s onslaught of September filings demonstrates the Agency’s principled approach to thwart discrimination in the workplace. Although the total number of lawsuits filed by the EEOC decreased from 144 in 2023 to 110 in FY 2024, the EEOC’s targeted efforts involve a bevy of September filings concerning discrimination allegations against employers across a myriad of industries. Each year, the EEOC’s fiscal year ends on September 30, and the final sprint for EEOC-initiated litigation in September 2024 aligned with prior “last-month” enforcement efforts. This year, 67 lawsuits were filed in September, equal to the 67 filed in September of FY 2023. Overall, the FY 2024 lawsuit filing data confirms that EEOC litigation continues its steady path in enforcement efforts. While total filings were down, employers should recognize the key areas the EEOC continued its litigation including by industry and filing type. Employers must maintain legal compliance with all of the EEOC’s initiatives and the FY 2024 synopsis offers insights into year- over-year EEOC enforcement patterns. 4. Lawsuit Filings Based On Month We track the EEOC’s filing efforts across the entire fiscal year with its beginning in October through the anticipated final filings in September. As with other fiscal years, the EEOC’s filing patterns remained consistent through June 2024, with a slight increase in July 2024, another slight increase in August 2024, and significant jump in September 2024. Of the 110 total filings this year, more than half – 67 total – were filed in September. The following chart shows the EEOC’s filing pattern over FY 2024:
Comparing these fiscal filings in FY 2024 to previous years, a significant decrease exists from FY 2023 (144 lawsuits), which was an outlier in terms of EEOC litigation in the post-COVID era. The following graph shows the EEOC’s year-over-year fiscal year filings beginning in FY 2017 through FY 2024:
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© Duane Morris LLP 2025
EEOC Litigation Review - 2025
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