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The U.S. Equal Employment Opportunity Commission (EEOC) recently released its statistical details for the 88,531 charges of workplace discrimination the agency received in the 2024 fiscal year.1 Since 2021, the number of charges filed with the EEOC has continued to increase, possibly due to more employees coming into the office or working a hybrid schedule instead of working remotely. These charges do not include any filed at the state level.
The 2024 top leading federal charges continue to include offenses in Retaliation, Disability, Race, and Sex. However, Retaliation charges decreased last year compared to 2023: Retaliation including “all statutes” found 46,047 charges in 2023 and 42,301 in 2024. Retaliation related only to Title VII also decreased, with 31,972 charges in 2023 and 29,207 charges in 2024.
Once again, retaliation continues to lead the frequency of charges. The amount of retaliation – all statutes is 42,301; however, retaliation charges for Title VII only is 29,207. Religion charges have decreased in 2024.
In 2022, there was a significant increase in vaccine-related charges filed based on religion. As a result, the number of charges for religion in 2022 is 13,824 compared to 4,341 in 2023 and 3,640 in 2024. We may see an increase in 2025 based on the current political climate today.
The EEOC’s Acting Chair Andrea Lucas, who has served as an EEOC commissioner since 2020, announced some initiatives they are focusing on that may impact the workplace.
Another initiative to watch for this year is the Pregnant Workers Fairness Act (PWFA) that went into effect in 2023, and it requires a covered employer to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of childbirth or related medical conditions, unless the accommodation will cause the employer an “undue hardship" workers, staffing agencies, independent contractors and the on‑demand economy are all changing the dynamic of the employer / employee relationship.
Just because a policyholder’s staff are not on the payroll as permanent, full-time employees, this doesn’t mean an insured is absolved of responsibility for ensuring fair treatment under the law. In 2023, there were 188 charges for PWFA. In 2024, there were 2,729 charges filed.
National Origin Discrimination – LeoPalace Guam Corp, a major hotel and resort on the U.S. territory of Guam, will pay $1.4 million to resolve NO lawsuit. As early as 2015, LeoPalace provided non-Japanese employees (including multiple American national origin workers) with less favorable wages, benefits, and terms and conditions of employment compared to employees from Japan who held equal or lesser positions.
Disability Discrimination – EEOC has sued Sam’s Club, alleging Sam’s Club violated federal law when they refused to reasonably accommodate an employee’s disability and later fired her because of her disability. According to the lawsuit, the employee sought the right to return to her associate position. Case is ongoing.
Sexual Discrimination – Kane’s Furniture, a Florida-based furniture retail company, will pay almost $1.5 million in monetary relief and provide significant equitable relief to settle a federal class lawsuit. The EEOC charged that since at least 2021, Kane’s implemented a discriminatory policy of not hiring female applicants for driver and warehouse positions at their distribution center or any of their eighteen retail stores.
Over the coming year, we anticipate the EEOC will prioritize the current administration’s agenda. What this will mean for workers and future EEOC enforcement priorities will be answered in 2025 and beyond. Our EPLI team will be watching closely and sharing insights on how the new landscape affects insurers.
