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EEOC Recovers $527.6 Million in Fiscal Year 2015

    According to the U.S. Equal Employment Opportunity Commission’s recently-released Performance and Accountability Report (“PAR”), the Agency recovered more than half a billion dollars through litigation and other enforcement activities in Fiscal Year 2015, which ended on September 30, 2015.   The EEOC reports recovering $356.6 million through mediation, conciliation, settlements and other pre-litigation relief for charging parties in the private sector and in state and local government workplaces, along with an additional $65.3 million through litigation efforts.  The EEOC secured an additional $105.7 million for federal employees and applicants through its federal sector process, bringing its total claimed monetary recovery to $527.6 million.

    This is a marked increase from FY 2014, where the EEOC’s combined pre-litigation and litigation recoveries for employees in the private sector and state and local governments amounted to only $318.6 million.  The EEOC attributes the increase in part to its “record success” in resolving charges of systemic discrimination.  The EEOC made a reasonable cause finding in 99 of the 268 (or 36%) of these systemic investigations – a rate far greater than the EEOC’s historical average of issuing reasonable cause findings in less than 5% of charges filed with the Agency.

    In addition to resolving charges, the EEOC resolved 155 merit lawsuits in FY 2015 – according to the Agency, it obtained a “favorable result” in almost 90% of these resolutions.  Of the 155 merit lawsuits, 87 alleged violations of Title VII of the Civil Rights Act of 1964; 61 alleged violations of the Americans with Disabilities Act; and, 12 alleged violations of the Age Discrimination in Employment Act.

    Other key facts in the Performance and Accountability Report include:

    • The EEOC received 89,385 charges in 2015.
    • Among all EEOC initiated litigation, the greatest number of lawsuits (53) was filed under the ADA.

    It is clear that investigating and redressing alleged systemic discrimination remains the EEOC’s highest priority, and employers can expect the Agency to point to these “successes” in resolving systemic investigations as justification for the EEOC’s aggressive pursuit of potential systemic claims.

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