Firm News

Seyfarth Releases Annual EEOC Litigation Report, Names Top Trends from 2013 and Trends to Watch in 2014


Brian Kiefer
, Director of Public Relations

Ivette Delgado, Public Relations Manager

CHICAGO (January 2, 2014) – Seyfarth Shaw LLP has released its annual report on EEOC legal activities and court rulings, entitled EEOC-Initiated Litigation: Case Law Developments In 2013 And Trends To Watch For In 2014, the most definitive source of intelligence that focuses exclusively on EEOC-related litigation.

Co-authored by Seyfarth partners Gerald L. Maatman, Jr. and Christopher J. DeGroff, co-chairs of the firm’s Complex Discrimination Litigation practice group, this year’s report analyzes the 2013 year-end performance of the EEOC’s Strategic Enforcement Plan and provides readers with a detailed executive summary and comprehensive analysis on the unique aspects of court rulings in 2013 in EEOC litigation and the challenges employers face in litigating against the EEOC.

In reviewing the landscape of 2013 decisions in EEOC litigation, the Seyfarth report analyzes five substantive trends, including:

  1. A Transforming Docket: Systemic Initiative– Evolution in the EEOC’s agenda to champion bigger, more complex, and more media-driven cases was prevalent in 2013.
  2. ADA Cases a Key Priority– Even though it is not expressly one of the EEOC’s “Big Six” national priorities, assertion of disability claims was a chart-topper for the EEOC in FY 2013.
  3. EEOC Focused on Pregnancy Discrimination– The EEOC is clearly focused on breaking the “maternal wall” with its litigation of pregnancy discrimination litigation and its declaration that it is a “widespread problem in the workplace, no matter the size of the employer.
  4. Religion Lawsuits on the Rise– Religious discrimination lawsuits filed by the EEOC rose 33 percent in 2013.
  5. 2013: Mixed Bag for Subpoena Enforcement Actions – EEOC filings dropped by nearly half, down from 33 in 2012 to 17 in 2013, but the EEOC v. Aerotek and EEOC v. HomeNurse opinions provide employers with critical “goal posts” delineating the scope of the EEOC’s subpoena authority.

In addition to these key trends, Seyfarth selected the five most intriguing cases from 2013, and a more detailed breakdown of these five can be found here at Seyfarth’s Workplace Class Action Blog.

Seyfarth’s EEOC-Initiated Litigation report also contains a variety of charts and graphs tracking key EEOC case categories and historical data. The complete edition is once again available for immediate download as an eBook. To order the eBook, please click here.

About Seyfarth Shaw LLP

Seyfarth Shaw has more than 800 attorneys and provides a broad range of legal services in the areas of labor and employment, employee benefits, litigation, corporate and real estate. With offices in Atlanta, Boston, Chicago, Houston, London, Los Angeles, Melbourne, New York, Sacramento, San Francisco, Shanghai, Sydney and Washington, D.C., Seyfarth’s clients include over 300 of the Fortune 500 companies and reflect virtually every industry and segment of the economy. A recognized leader in delivering value and innovation for legal services, Seyfarth’s acclaimed SeyfarthLean client service model has earned numerous accolades from a variety of highly respected third parties, including industry associations, consulting firms and media. For more information, please visit