No Items in Cart 
On October 9th, 2024, the Equal Employment Opportunity Commission (EEOC) announced that it filed 110 unlawful employment discrimination lawsuits. Specifically, those lawsuits were filed in fiscal year (FY) 2024 and placed an emphasis on emerging issues. The agency also filed these lawsuits to advance the employment rights of underserved and vulnerable workers. Earlier, in September 2024, the EEOC announced that a Florida-based company would pay $1.6 million to settle a racial harassment case. Additionally, that lawsuit also included charges of national origin harassment and retaliation.
EEOC Case Selection
Most discrimination lawsuits are filed in state or federal court by a plaintiff’s attorneys without direct EEOC involvement. The annual number of direct EEOC lawsuit filings represents a very small fraction of the total number of discrimination charges the agency receives annually. In FY 2023 (the most recent statistics on record), the EEOC received over 81,000 charges of employment discrimination. Comparatively, this is the highest number of received charges since 2017. However, due to limited resources, the agency cannot file a direct lawsuit in every case. Several factors are considered when deciding when to pursue direct litigation. These factors include:
- the nature of the violation,
- the issues presented, and
- the lawsuit’s potential broader impact to combat workplace discrimination.
For the thousands of other charges each year where the EEOC finds reasonable cause, the agency frequently issues a letter informing the charging party of their right to file a lawsuit in state or federal court. Also, some charges received in a single fiscal year may not be thoroughly investigated or result in a lawsuit that same year. In this post, we are looking at only the EEOC lawsuits filed in FY 2024.
Description of the Unlawful Employment Discrimination Lawsuits
In summary, the 110 lawsuits filed for the year ending September 30th, 2024, include the following:
- 13 new systemic cases involving a pattern, practice, or policy of discrimination
- 48 cases under the Americans with Disabilities Act (ADA)
- Over 40 cases alleging retaliation under various statutes enforced by the EEOC
- 7 cases under the Age Discrimination in Employment Act (ADEA)
- 5 cases under the Pregnant Workers Fairness Act (PWFA)
- 5 sexual harassment cases on behalf of teenage workers under Title VII of the Civil Rights Act of 1964 (Title VII)
- 4 cases under Title VII alleging sex discrimination based on sexual orientation
- 3 cases under Title VII alleging sex discrimination based on gender identity
To repeat what was mentioned above, the EEOC emphasized emerging issues in filing these discrimination lawsuits. For FY 2024, the agency labeled PWFA enforcement as an emerging issue. Markedly, this is because the law is only a little over a year old.
Overview of the Pregnant Workers Fairness Act
Effective June 27th, 2023, the PWFA extended the same protections under the ADA to pregnant workers. These include the requirement of covered employers to provide reasonable accommodations to qualifying pregnant individuals or those with pregnancy-related conditions upon request. Like the ADA, the PWFA applies to employers with 15 or more employees on payroll. Under the PWFA, covered employers may not:
- require pregnant workers to identify similar accommodations granted to similarly situated employees as a part of their request;
- force an eligible employee to take paid or unpaid leave in place of an accommodation;
- take any adverse action against an employee who exercises the law; or
- deny employees employment opportunities, promotions, or other benefits based on their need for pregnancy accommodations.
Employer Takeaways
In conclusion, the EEOC’s filing of these unlawful employment discrimination lawsuits were consistent with the agency’s Strategic Enforcement Plan (SEP) for Fiscal Years 2024-2028. Overall, the SEP prioritizes addressing persistent forms of employment discrimination, such as recruitment and hiring discrimination and systemic harassment. All employers, even with less than 15 employees, should strive to comply with the laws and regulations enforced by the EEOC. Many states, counties, and local municipalities enforce laws identical to EEOC rules and regulations but apply to businesses with 1+ employees.
For employers looking to navigate the complexities of the PWFA and other employment laws, a digital compliance advisor can provide valuable resources and guidance. This advisor helps businesses stay updated and ensure full compliance with the latest regulations, avoiding legal pitfalls.
Accordingly, to assist employers in complying with the provisions of the PWFA, WorkWise Compliance created the comprehensive, digital Pregnancy Accommodation Laws Compliance Bundle. Explicitly, this collection of digital compliance resources includes:
- a legal brief from an attorney with tips for ensuring compliance,
- attorney-reviewed policies, parental leave, and accommodation request forms, and
- a training handout for managers and supervisors.
