EEOC Fiscal Year-End Filings Eerily Quiet: Litigation Fizzle Or Calm Before The Storm?

By: Christopher J. DeGroff, Sarah K. Bauman, and James P. Nasiri

Seyfarth Synopsis: Past calendar year was just one of alter and restoration for the EEOC as a end result of the pandemic and new management.  With the new management routine and structural variations at the EEOC arrived an uptick in filings from FY 2021, with practically 50 percent of those transpiring in the thirty day period of September on your own.  Irrespective of an expected occupied calendar year for 2022, this fiscal yr closed with a strikingly very low variety of filings,and leaves issues as to no matter if this filing drought will go on.  Nevertheless, with a Democratic vast majority inevitably to arrive, a generous finances improve (reported below), and many new strategic goals prepared for this FY 2023, a occupied yr may pretty nicely lie in advance.

As we previously documented in this article, FY 2020 knowledgeable a substantial downturn in filings as a outcome of management variations and the COVID-19 pandemic.  This remaining us questioning as to the gravity of the affect this might have on subsequent years.  Even so, the EEOC promptly rebounded in FY 2021 with 114 full filings at 12 months stop (see below).  Nevertheless this quantity was nevertheless considerably significantly less than previous many years (see in this article), practically fifty percent of FY 2021 filings ended up in the thirty day period of September on your own, signaling a fast paced yr for FY 2022.  On the other hand, with a mere 94 filings at the time of publication of this web site put up, FY 2022 did not reside up to that situation-filing trajectory.  The EEOC has observed budget boosts in the very last two many years, and has signaled the using the services of of quite a few area team, like lawyers.  The items appeared to be in position for a more sturdy yr-conclusion filing spike when all over again in FY 2022, but the numbers do not present that.

This could be, in section, because the Fee is even now led by a Republican greater part, and the EEOC attorneys in the area are ready for the composition to flip to the Democrats to boost the likelihood circumstances will receive a inexperienced light-weight, or that the authority to file steps will after again be delegated to the industry solely.  The EEOC has been mum on the matter, however.  Recent political sparring may perhaps lend some insight.  Notably, representatives have recently cried foul that EEOC lawyers are administratively withdrawing matters that have been voted down by the Commissioners so they may perhaps live a further day (see right here).  Eventually, there is no statistical or anecdotal suggestion that the EEOC has throttled down on enforcement or is much more most likely to settle instances.  That indicates there is a queue of prospective scenarios waiting around to be filed.

Cases Submitted By EEOC Districts

The most noticeable trend of this fiscal calendar year is a return of the standard leaders of the pack: the Chicago, Miami, and Los Angeles District Workplaces, with 12, 8 and 8 filings, respectively.  Chicago expert a surprising dip in FY 2020 at only 3 filings, shot again up in 2021, but however lagged at the rear of several other districts until eventually this 12 months.  Similarly, the Los Angeles District, which traditionally has been a leading district for the EEOC, ended the yr on major as well.  The Miami District has also been really reliable, lodging at least 8 filings for 5 a long time in a row.  Last but not least, the biggest shock District in FY 2022 was Charlotte, which filed 10 advantage circumstances this year after accounting for only 4 filings previous 12 months and only 1 filing in FY 2020.

Examination Of The Forms Of Lawsuits Filed In FY 2022

Each individual fiscal year we also examine the sorts of lawsuits the EEOC documents (i.e., the statutes and theories of discrimination implicated) to hone in on the concentrate of the EEOC’s present strategic priorities.  Those quantities – when regarded as on a percentage basis – are in line with the quantities we have seen the past couple of decades.  The graphs under display the range of lawsuits filed in accordance to the statute less than which they were submitted (Title VII, Americans With Disabilities Act, Pregnancy Discrimination Act, Equivalent Fork out Act, and Age Discrimination in Employment Act) and, for Title VII situations, the concept of discrimination alleged.

When viewed as on a percentage basis, the distribution of scenarios submitted by statute remained roughly dependable in contrast to FY 2021 and 2020. Title VII instances the moment once again designed up the greater part of scenarios filed, accounting for 65% of all filings (on par with the 62% in 2021 and 60% in FY 2020).  ADA circumstances also produced up a significant percentage of the EEOC’s filings, totaling 29% this 12 months, a average decline from 36% in 2021 and 30% in FY 2020.  Notably, there were being 7 age discrimination instances submitted this year, a considerable maximize from last year’s solitary situation.

March 2022 Spending plan Justification And FY 2021 General performance Report

On March 28, 2022, the EEOC produced its 3rd-yearly Annual Efficiency Report (“APR”) for FY 2021, as perfectly as its spending plan justification for FY 2023.  The APR is an evaluation of the EEOC’s litigation ambitions and efficiency benefits, and contains essential details points with regards to the EEOC’s changing strategic goals and potential concentrate for long run enforcement activity.  The FY 2023 spending plan, on the other hand, outlines how the Fee intends to allocate funds in buy to effectuate its plans by means of its proposed FY 2023 budget of $464,650,000.

In the APR, the EEOC declared that FY 2021 was a prosperous calendar year for the Commission in terms of advancing its strategic aims.  Indeed, the EEOC secured extra than $485 million in financial relief for about 15,000 alleged victims of work discrimination.  By comparison, the EEOC recovered $535.5 million in FY 2020, $486 million in FY 2019, and $505 million in FY 2018.

Shifting into 2023, the EEOC justifies its $464,650,000 budget request — a whopping $60 million maximize from last yr — centered on advancing the strategic priorities for the fiscal calendar year.  Commissioner Burrows indicated that those priorities correlate with the Biden Administration’s contact for a “whole-of-authorities method to addressing systemic discrimination and advancing equal option.”  Probably this spending plan is exactly what the EEOC wants for a comeback from last year’s downturn.

Implications For Companies

Even with the EEOC’s reasonably quiet FY 2022, companies need to keep on to retain a close eye on the Commission’s litigation developments. Especially, given the EEOC’s noteworthy funds increase and looming alter in leadership, we however count on filing quantities to ramp up in the close to foreseeable future.  Moreover, with the EEOC set to undertake a new strategic prepare for FY 2023, the timing seems suitable for a new Democratic-led Commission to put into action a new set of priorities and emphasize these priorities by litigation.

We will continue on to observe these improvements carefully and keep visitors apprised of developments.  And, as always, we will maintain up-to-day on EEOC information amid the ever-modifying political local weather, and share lessons figured out from FY 2022 to carry companies by means of the new 12 months.