![]() “When this data is later released for FY 2021, given the shutdowns in the courts coupled with the surge of virtual mediations, we anticipate the number of mediations and recoveries will remain significant,” the law firm’s analysis predicted. Overall, approximately $333.2 million in relief was recovered through mediation, conciliation, and settlements. In FY 2020, the Commission conducted 6,272 mediations, resulting in $156.6 million in relief to charging parties. ![]() When the FY 2021 figures are released in the coming months, we do not expect there to be much departure from this trend.” Mediation The law firm’s analysis noted that the number of gender discrimination charges that were seen in 2018 due to the #MeToo movement “has all but disappeared, with sex discrimination charges remaining in the fourth-place position and dropping to their lowest number in over 20 years. There was only one age discrimination case filed in FY 2021, down seven from FY 2020.ADA cases also made up a significant percentage of the EEOC’s filings, totaling 36% this year, a moderate uptick from 30% in FY 2020.Title VII cases once again made up the majority of cases filed, making up 62% of all filings (on par with the 60% in FY 2020 and 60% in FY 2019.The statutes included Title VII, Americans With Disabilities Act, Pregnancy Discrimination Act, Equal Pay Act and Age Discrimination in Employment Act. ![]() ![]() “Based on a review of the types of lawsuits filed by the EEOC, the numbers at least-when considered on a percentage basis-are in line with the numbers we have seen the last few years,” Seyfarth’s analysis noted. “These regional disparities point to a potential return to greater enforcement authority in the field, rather than the tight control from Washington DC under the previous administration,” DeGroff pointed out. The Indianapolis region dropped from 13 cases in 2020 to just three in 2021.Dallas more than doubled its filings, from five to 11.The Philadelphia region jumped from eight filings to 14 new suits year-over-year.Seismic ShiftsĭeGroff said, “The other surprise is the seismic shifts in lawsuit filings on a regional level. While we often see regional fluctuations year to year, there were dramatic shifts between 20.” “Over 50% of the EEOC’s total lawsuit filings were squeezed into the month of September 2021, versus less than a third of the filings in September 2020. This spike suggests that the EEOC is on a steep upward trajectory in litigation activity that could carry over to FY 2022,” he observed. Two Surprises September Case FilingsĭeGroff said his law firm found two findings particularly surprising. “First, we expected to see an uptick in cases generally, which our report bears out: 114 cases in 2021 versus 101 in 2020. But what was notable was the proportion of those cases filed in September alone. They noted that the agency filed 59 lawsuits during September 2021 (similar to the 52 filed in September of FY 2019, and 84 in FY 2018). “The number of cases filed by the EEOC increased in a respectable climb back to pre-pandemic levels, forecasting a busy year ahead for the Commission and employers in FY 2022,” wrote labor lawyers at the Seyfarth law firm.
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