EEOC Litigation Focuses on Emerging Issues and Underserved Workers

In September, the U.S. Equal Employment Opportunity Commission (EEOC) filed a pair of lawsuits alleging organizations violated the Pregnant Workers Fairness Act (PWFA).

Those claims came roughly five months after the EEOC issued a final rule to implement the PWFA, which requires covered employers to provide reasonable accommodations for employees and applicants with known limitations related to pregnancy, childbirth or related medical conditions.

“No pregnant worker should have to choose between their health and earning a living to support their family,” said EEOC General Counsel Karla Gilbride, in an EEOC statement issued when the suits were filed. “When employers apply inflexible policies that drive pregnant workers out of the workplace rather than engaging in this interactive process, the EEOC will step in to defend workers’ rights under this new law.”

In a new statement summarizing EEOC litigation in fiscal year 2024, the organization notes these and the other PWFA-related suits it filed last fiscal year (five in total) as part of its “emphasis on emerging issues and advancing the employment rights of underserved and vulnerable workers.”

Overall, the EEOC filed 110 lawsuits for the fiscal year that just ended on Sept. 30, including:

• 13 new systemic cases involving a pattern, practice or policy of discrimination
• 48 cases under the Americans with Disabilities Act (ADA)
• More than 40 cases alleging retaliation under various statutes enforced by the EEOC
• Seven cases under the Age Discrimination in Employment Act (ADEA)
• Five sexual harassment cases on behalf of teenage workers under Title VII of the Civil Rights Act of 1964 (Title VII)
• Four cases under Title VII alleging sex discrimination based on sexual orientation
• Three cases under Title VII alleging sex discrimination based on gender identity

In addition to the 110 merits suits, the EEOC also filed 18 suits for non-compliance with mandatory federal reporting requirements, and one suit alleging breach of a conciliation agreement, according to the agency, which notes that systemic litigation “continued to be a sizable portion” of its litigation caseload.

“Litigation is only one tool in the EEOC’s toolbox for achieving its mission of preventing and remedying employment discrimination, but it is a tool we will continue to deploy strategically to maximize our impact,” said Gilbride, in a statement.

“I am proud of the role our litigation program has played this past year and will play in the years ahead to remove barriers to equal opportunity and make workplaces fairer, safer and more inclusive.”