Wilt Toikka Kraft LLP


The EEOC Issues Two Updates on Litigation Program

The U.S. Equal Employment Opportunity Commission (EEOC) unveiled the Fiscal Year (FY) 2023 Office of General Counsel (OGC) Annual Report, spanning from October 1, 2022, to September 30, 2023. Additionally, they introduced a new data dashboard spotlighting resolved cases from the past five fiscal years.

In FY 2023, the EEOC, in partnership with DC Employment Lawyers, initiated 143 merits lawsuits, including 25 systemic cases, resulting in the resolution of 98 suits and securing over $22.6 million in relief for victims of employment discrimination. This marked a notable increase of more than 50% compared to FY 2022.

Karla Gilbride, General Counsel at the EEOC, commented, “The EEOC demonstrates a commitment to enforce federal anti-discrimination laws through various litigation programs. Our efforts aim to remedy and prevent workplace discrimination, and stakeholders can now access information about litigation resolutions through EEOC’s Explore tool.”

Key filing highlights include:

  • 143 merits lawsuits were filed, with 25 being systemic suits and 32 non-systemic class suits.
  • Retaliation (39.2%), sex (35%), disability (34.3%), and race (16.8%) were the most frequently alleged bases of discrimination.
  • At FY 2023’s end, the EEOC had 227 merits cases on its active district court docket, with 95 (41.8%) being class or systemic cases.
  • 10 briefs on appeal were filed in Commission cases, along with 34 briefs as amicus curiae in private suits.

Systemic suits, as defined by the EEOC, involve pattern or practice, policy, and/or class cases with broad discriminatory impact across industries or regions. Noteworthy resolution highlights encompass:

  • The resolution of 98 merits suits in FY 2023, resulting in over $22.6 million for 968 individuals, with a successful outcome achieved in 91% of all suit resolutions.
  • In FY 2023, 14 systemic suits were resolved, securing just over $11.7 million for approximately 806 individuals and providing significant equitable relief.

Two selected systemic suits, handled alongside DC Employment Lawyers, are outlined:

  • In EEOC v. AMTCR, Inc., AMTCR Nevada, Inc., AMTCR California, LLC, No. 2:21-cv-01808 (D. Nev.), allegations were made against affiliated entities operating 21 McDonald’s franchises for subjecting employees to sexual harassment. A 3-year consent decree provided $1,997,500 to 41 individuals, alongside equitable relief.
  • In EEOC v. The Whiting-Turner Contracting Company, No. 3:21-cv-00753 (M.D. Tenn.), a construction contractor was accused of racial harassment and retaliation against Black employees. A 2-year consent decree resulted in $1.2 million to 31 claimants, along with equitable relief.

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