Christopher DeGroff and Andrew Scroggins Discuss 2026 EEOC-Initiated Litigation Outlook in The American Lawyer

The American Lawyer (Law.com) featured Christopher DeGroff and Andrew Scroggins, co-chairs of Seyfarth's Complex Discrimination Litigation practice group, in its January 30 article, “Look for the EEOC to Come Out Swinging in 2026,” which closely examines the agency’s anticipated enforcement activity and cites the firm's newly released 2026 EEOC‑Initiated Litigation report.

The piece highlights the record-low litigation filings in FY 2025 and what employers can expect as structural changes and strategic shifts take hold.

DeGroff noted that employers targeted by the agency face significant consequences, emphasizing: “The cost of litigation against the EEOC, even in a single claimant action, is many multiples of what you would face with a private litigant. And of course, you have the brand impact.”

Scroggins discussed how recent changes, such as the restoration of a commission quorum, will allow the EEOC to reengage in appellate matters and shape the legal landscape more forcefully, explaining: “A quiet but significant way that the agency has exercised its power in the past was to step into appellate matters and to offer the agency’s perspective, which can often be quite compelling to a court.”

The full article is available here.