EMPLOYMENT CORNER

Recently, the Equal Employment Opportunity Commission (“EEOC”) wrapped up its 2023 Fiscal Year (“FY 2023”) with a total of one-hundred and forty-four EEOC merit lawsuits, which was a five-year high. This spike comes after a significant downturn of filings throughout the COVID-19 pandemic, where the EEOC only saw about one hundred lawsuits each year from 2020 to 2022. However, due to a change in administration, a substantial budget increase, and a new Democratic Commissioner, the EEOC quickly ramped up its filings. 

A majority of the claims filed allege violations under Title VII and the Americans with Disabilities Act (“ADA”). These filings nearly doubled from the previous year. While many lawsuits concerned a broad range of disabilities, claims concerning employee and applicant hearing impairments stood out significantly as the EEOC published guidance in January 2023 regarding hearing disabilities in the workplace. The EEOC also continued its trend of filing suits over alleged failure to accommodate mental impairments ranging from autism to post-traumatic stress disorders. Additionally, there was a significant increase in claims alleging violations of the Age Discrimination in Employment Act (“ADEA”).

However, the EEOC’s most notable litigation priorities relate to systemic discrimination and workplace harassment. The EEOC filed forty-three hostile work environment suits in FY 2023, continuing its commitment to curb systematic discrimination. All employers, specifically those located on the East Coast, should monitor EEOC-initiated litigation and review their respective accommodation policies or consult with an expert to circumvent any potential ADA issues.