EEOC’s FY 2024 Report – Agency Recovered $40.3M While Litigating for Workers

As an HR professional, you can probably imagine the stress that comes with an EEOC investigation and lawsuit.

For example, if your company was on the wrong end of an EEOC lawsuit in FY 2024, your odds of prevailing weren’t good. The federal agency obtained a settlement or favorable judgment in 128 of the 132 suits resolved in FY 2024 – that’s a whopping 97% of its caseload! 

But let’s talk numbers: $40.3 million — because that’s how much money the agency recovered while litigating for workers during the fiscal year, according to a new report from the EEOC.

And a closer look at the data provides valuable insight for HR pros. 

Most Common Laws Invoked in EEOC Lawsuits

At least one claim under Title VII was included in 66 (59.5%) of the 111 new merit suits filed in FY 2024.

Title VII was the most commonly invoked statute, followed by the:

•  Americans with Disabilities Act (ADA) – 43.2%
•  Age Discrimination in Employment Act (ADEA) – 6.3%
• Pregnant Workers Fairness Act (PWFA) – 4.5%
• Equal Pay Act (EPA) – 1.8%, and
• The Genetic Information Nondiscrimination Act (GINA) – 1.8%.

The percentages don’t add up to 100 because about 16% of the new suits filed included claims under more than one statute.

What EEOC Lawsuits Were Based On

Nearly half (46.8%) of the lawsuits from the period included sex-based claims, making it the most commonly alleged basis for suits filed in FY 2024.

Other asserted bases included:

• Disability – 43.2%
• Retaliation – 38.7%
• Race – 13.5%
• Age – 6.3% 
• National origin – 5.4%
• Religion – 2.7%

Suits based on color and violation of GINA combined to make up just under 5% of allegations raised.

Most Commonly Raised Issues in New EEOC Suits

The EEOC report also breaks out the issues raised. The most commonly asserted issue in FY 2024: discharge/constructive discharge, which was raised in 72.1% of new suits filed. 

Harassment came in at a distant second, appearing in 35.1% of the new suits filed. Other issues included:

• Reasonable accommodation – 33.6%
• Hiring – 18.9%
• Terms and conditions – 9%
• Prohibited medical inquiry/exam – 4.5%
• Recordkeeping – 4.5%
• Discipline – 2.7%
• Wages – 2.7%
• Forced accommodation – 1.8%
• Promotion – 1.8%

Key Takeaways for HR

HR pros would be wise to take note of the EEOC’s areas of focus: Title VII, sex discrimination and discharge. Ongoing training efforts should include a special focus on these areas.

Hopefully, your company never faces an EEOC investigation, but it’s important to be prepared just in case that happens. Here’s help responding to an EEOC investigation, courtesy of employment attorney Michael Nader of the firm Ogletree Deakins.