EEOC Sues 71 Employers In September

By Lehr Middlebrooks Vreeland & Thompson, P.C.

October 27, 2017

FY 2017 (Sept. 30) ended with the EEOC filing 71 lawsuits, the highest number in any one month we have ever reported. Thirty of those lawsuits alleged ADA violations and five alleged pregnancy discrimination. Thus, virtually half of all lawsuits alleged discrimination based on medical conditions. Eight of the lawsuits alleged Equal Pay Act violations: an indication of the agency's continued emphasis on wage inequality claims. Twenty-four lawsuits were filed in southern states. The EEOC filed a total of 165 lawsuits during FY 2017, compared to 86 for FY 2016.

The emphasis on "medical issues" discrimination is evidenced by the varied medical conditions where the EEOC alleged ADA violations: benign tumor, drug addiction, mobility impairment, hearing and visual impairments, diabetes, "situational depression," HIV, rheumatoid arthritis, panic attacks, spinal cord injury, and breast cancer. The EEOC also alleged that employer leave policies violate the ADA.

During FY 2017, the EEOC settled 90 cases with a total of $41.9 million obtained in monetary benefits, an average of $465,814 per case. This total was skewed by three cases where substantial settlements were obtained. During FY 2016, the EEOC settled 139 cases and obtained $52.2 million in monetary benefits, an average of $375,540 per case.

It is not a coincidence that the EEOC's robust litigation efforts come as its budget is under scrutiny. These case filings and monetary benefits obtained will help support EEOC's budgetary and program requests, or at least minimize budget reductions.