Data from 2022 portends a monumental year ahead for Equal Employment Opportunity (“EEO”) litigation and enforcement. Plaintiffs are filing class-based-employment claims in higher numbers than ever, and class actions involving EEO claims have resulted in historic settlement amounts. The EEOC has signaled it will step up enforcement efforts regarding systemic discrimination in 2023. Even the U.S. Supreme Court is focused on EEO in 2023, granting a writ of certiorari in a Title VII religious-accommodations case to be argued this year. Employers should also be mindful of expansive new state laws protecting employees who “blow the whistle,” including regarding claimed EEO violations. This article summarizes the general trends in EEO in litigation and enforcement for 2023. Class-Based Claims and Settlements Class-based-employment claims have increased in volume in recent years, by some counts comprising over 25% of all class actions. For class-based-employment-discrimination cases settled in 2022, the total of the top-ten settlements soared to nearly $600 million—an increase of nearly 100% from the previous year. 1 Nine out of the ten highest settlements involving class-based-employment claims in 2022 involved sex-bias claims, and the tenth case involved a religious-discrimination claim related to a company’s COVID-19 vaccination requirements. Furthermore, motions for class certification […]
K&X Design and Investment Technology, LLC
Invest The Invisible Impact
K&X Design and Investment Technology, LLC
Invest The Invisible Impact
