There was also a downward trend in ADEA filings, as 7 ADEA cases were filed in FY 2024, after 12 age discrimination cases were filed in FY 2023 and 7 age discrimination cases filed in FY 2022. However, unlike FY 2023, this year the EEOC filed four Pregnant Worker’s Fairness Act cases (“PWFA”) after the PWFA went into effect on June 27, 2023. The graphs above details the number of lawsuits filed according to the statute under which they were filed (Title VII, Americans With Disabilities Act, Pregnancy Discrimination Act, Equal Pay Act, Age Discrimination in Employment Act, Pregnant Worker’s Fairness Act, and Genetic Information Nondiscrimination Act) and, the graph to the right shows the basis of discriminatory allegations. 7. Lawsuits Filings Based On Industry In monitoring the EEOC’s filings by industry, FY 2024 has mirrored EEOC-initiated lawsuits in the top three industries compared to FY 2023, demonstrating the Commission’s focus on a few major industries. Three industries were the primary targets of lawsuit filings in FY 2024, including Hospitality (Restaurants / Hotels / Entertainment) with 23 filings, Healthcare with 22 filings, and Retail with 21 filings. The next set of industries did not amount to double-digit filings, but are still well within the EEOC’s sights, including Manufacturing with 11 filings; Logistics with 7 filings; Construction with 4 filings; and Property Management with 3 filings. This aligns with FY 2023, where Hospitality (mainly Restaurants) was the industry at large with 28 filings. In second and third place were Retail and Healthcare, respectively, with 24 filings. Absent from FY 2024’s industry- based filings, however, were Automotive, Security, and Technology. Like FY 2023, Hospitality, Retail, and Healthcare employers should continue to monitor their compliance with federal discrimination laws, as the EEOC continues its enhanced enforcement against these industries for alleged discriminatory practices. The industries are regular hotbeds for charges and ultimately lawsuits. Nonetheless, no matter the industry, every employer should recognize they are vulnerable to EEOC-initiated litigation as detailed by the below graph.
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© Duane Morris LLP 2025
EEOC Litigation Review - 2025
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