I. Overview Of EEOC-Initiated Litigation In 2023 Government enforcement litigation is similar in many respects to class action litigation. Lawsuits brought by the U.S. Equal Employment Opportunity Commission (EEOC) typically present significant monetary exposure and involve numerous claimants. Most often the lawsuits pose reputational risks to companies. While plaintiffs in private party class actions must meet the requirements of Rule 23 to secure class certification for their claims, EEOC-initiated litigation is different. For example, systemic “pattern or practice” lawsuits brought by the EEOC follow a framework established by the U.S. Supreme Court in International Brotherhood Of Teamsters v. United States, 431 U.S. 324 (1977), class certification is not required. Nonetheless, EEOC systemic lawsuits present analogous issues as compared to Rule 23 private party class actions. The EEOC is one of the most aggressive federal agencies in terms of prosecuting government enforcement litigation. This book focuses on EEOC litigation in 2023 and the types of legal issues spawned by that litigation. II. EEOC Litigation And Settlement Trends In FY 2023, the EEOC filed 144 lawsuits, including 25 systemic lawsuits. This represents a resurgence from what we observed in FY 2022, during which the EEOC filed 97 lawsuits, including 13 systemic suits. These enforcement numbers reflect a boost over filing numbers from FY 2021, as well, during which the EEOC filed 114 lawsuits including 13 systemic lawsuits. They likewise reflect an increase over FY 2020, during which the COVID-19 pandemic pushed case filings down to 33. In accordance with tradition, the EEOC filed more lawsuits in September 2023, the last month of its fiscal year, than in any other month from October 2022 forward.
This past year, the EEOC filed 67 lawsuits in September, up from 39 filed in September 2022. The graphic shows this filing trend:
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© Duane Morris LLP 2024
The EEOC Litigation Review – 2024
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