Duane Morris Class Action Review - 2023 - Report - Page 26
As to its current docket, the EEOC reported that it has 29 pending systemic cases,
which accounted for 16% of the EEOC’s docket in fiscal year 2022.
In contrast, by the end of FY 2018, the EEOC had 71 systemic cases on its active
docket, two of which included over 1,000 victims, and systemic cases accounted for
23.5% of its active lawsuits in that year, likely reflecting a stalling in the ability of its
Democratic-appointment members to push this aspect of the EEOC’s agenda.
Comparing its monetary recovery to previous years, the EEOC recovered $535.5 million
in all types of cases in FY 2020, $486 million in FY 2019, and $505 million in FY 2018.
In sum, whereas companies continued to see pro-business rules promulgated by the
Trump Administration withdrawn and overwritten in 2022, courts continued to impose
hurdles to agency rulemaking, the success of which will continue to be seen in 2023.
Enforcement activity remained steady as political appointments remain pending.
Employers are apt to see increased activity in 2023 as the EEOC in particular gains its
full component of Biden appointees and can exercise its majority power to advance its
agenda.
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Duane Morris Class Action Review – 2023