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EEOC's FY 2023 Performance: A Closer Look

By Debra Milstein Gardner - Apr 25, 2024 1:04:44 PM - 3 MINS READ

The U.S. Equal Employment Opportunity Commission (EEOC) has released its Annual Performance Report (APR) for fiscal year 2023, providing insights into its efforts to promote equal employment opportunities and combat discrimination in the workplace.

Chair Charlotte A. Burrows highlights the EEOC's longstanding mission to prevent and remedy workplace discrimination. In FY 2023, the agency continued its commitment to this mission by securing over $665 million in monetary relief for victims of employment discrimination, a significant increase from FY 2022.

Highlights

Strategic Focus Areas: The EEOC prioritized addressing systemic discrimination, combating workplace harassment, advancing racial justice, ensuring pay equity, and fostering diversity, equity, inclusion, and accessibility (CEIA) in the workplace. Notable achievements including resolving over 370 systemic investigations and filing 143 lawsuits on behalf of discrimination victims.

Legislative Impact: The implementation of the Pregnant Workers Fairness Act (PWFA) marked a significant milestone, providing workers with limitations related to pregnancy the right to reasonable accommodations. The EEOC began accepting PWFA charges and released educational resources to raise awareness about these protections.

Litigation Reports: The EEOC filed 143 merits lawsuits in FY 2023, securing over $22.6 million in monetary relief for victims of employment discrimination. The agency's expanded Data Dashboard offers insights into resolved cases from FY 2019 to FW 2023, providing valuable resources for stakeholders.

Notable Statistics

The EEOC resolved 14 systemic suits in FY 2023, obtaining just over $11.7 million for approximately 806 individuals and significant equitable relief. 

The agency reduced both private and federal sector inventories, including reducing the private sector inventory by almost 300 charges, despite the 10.3% increase in new charges.

The EEOC resolved 98 merits suits in FY 2023, recovering over $22.6 million for 968 individuals and achieved a successful outcome (settlement or favorable judgement) in 91% of all suit resolutions.

At the end of FY 2023, the EEOC had 227 merits cases on its active district court docket, of which 95 (41.8%) were class or systemic cases.

The agency filed 10 briefs on appeal in Commission cases, seven as appellant and three as appellee, and one brief opposition to interlocutory appeal. The EEOC filed 34 briefs as amicus curiae in private suits.

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In the EEOC FY 2023 Annual Performance Report, the agency's efforts in enforcing anti-discrimination laws and promoting workplace equality are evident. For government contractors, compliance with EEOC regulations is paramount. Contractors must adhere to specific requirements regarding fair employment practices, diversity, and non-discrimination. The EEOC's annual report serves as a critical reference point for government contractors to ensure they meet these obligations. By aligning their practices with the EEOC's objectives, contractors not only fulfill legal mandates but also contribute to fostering inclusive work environments, ultimately enhancing productivity and moral within their organizations. 

Debra Milstein Gardner

Debra Milstein Gardner has worked in the Equal Employment Opportunity (EEO) and Affirmative Action (AA) space for the past 43 years while working in the public and private sectors in various human resources compliance roles. She began her career working for the Equal Employment Opportunity Commission and then went to the Marriott Corporation for nine years working in EEO, Affirmative Action and field human resource roles. In 1990, Debra founded Workplace Dynamics LLC providing EEO, AA, and DEI consulting services to government contractors. In 2016, Debra sold the affirmative action portion of Workplace Dynamics to OutSolve LLC and works part-time as a Market Analyst. Debra is a sports fanatic, routing for the Baltimore Ravens and all Virginia Tech Hokie teams. She loves to hike and boat in her mountain and lake community of Lake Lure, NC.

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