The Equal Employment Opportunity Commission’s (EEOC) annual performance report is an effective way for employers to review workplace regulations as well as identify emerging trends and potential employment challenges. The report highlights the landscape of workplace discrimination and harassment while offering valuable insights for employers to foster compliance and inclusivity.

Given the changing legal environment and increased scrutiny, reviewing the EEOC report's key points can help your businesses mitigate risks, avoid costly litigation and promote diversity, equity and inclusion (DEI).

Analyzing the Latest EEOC Annual Performance Report (APR)

The agency released its most recent report on March 11, 2024for the 2023 fiscal year (Oct. 1, 2022, through Sept. 30, 2023). The APR not only reviews the agency’s performance and results but also provides updates on its progress in achieving its 2022-2026 strategic plans.

Increase of Demand & Remedies

The agency’s recent report highlights an increase in the demand for their services and the monetary awards for employees who experienced discrimination. Key data includes:

• 81,000 new private-sector discrimination charges (10.3% increase)
• $665 million was recovered on behalf of discrimination victims (29.5% increase)
• 140 new lawsuits filed (50% increase)
• 522,000 public calls to the agency’s contact center (10% increase)
• 86,000 emails received (25% increase)
• 233,700 field offices (6.9% increase)

Decrease in Pending Cases

Despite the increases in inquiries and new charges, the 2023 APR indicates that the EEOC reduced the amount of pending private-sector cases by almost 300. The agency also reduced pending federal-sector hearings by 26.3% and substantially increased the speed of these resolutions.

Pregnant Workers Fairness Act (PWFA)

Enacted on Dec. 29, 2022, the PWFA requires employers to offer reasonable accommodations for workers with pregnancy, childbirth or related medical conditions. Effective June 27, 2023, the EEOC began accepting PWFA charges and releasing educational resources and broad public outreach. 

The PWFA presents numerous risks for employers. Review our article "Pregnant Workers Fairness Act: Equality in the Workplace”. to ensure your company is compliant.

How the EEOC Annual Performance Report Impacts Your Business

The EEOC's annual performance report can have significant implications for businesses, including:

• Compliance: It may outline enforcement priority and regulatory adjustments that your business must adhere to (e.g., discrimination legislation).
• Legal: It can help you assess the risk of discrimination claims and lawsuits in your business by monitoring EEOC investigations and lawsuits related to discrimination. A rise in such cases should prompt enhanced steps to mitigate these risks.
• Diversity: It can offer insight into the EEOC’s workplace diversity and inclusion focus. Your company can use this information to align diversity initiatives and policies with EEOC priorities.
• Training: The report offers valuable information for your business to identify potential areas in its their employees need training and education to prevent workplace discrimination and harassment.  

Discrimination is just one area in your employment practices that could put your company at risk. Download our Employment Practices Liability checklist to determine your vulnerabilities.

Proactive Measures to Ensure Compliance

Highlighted from the report is the glaring reality for employers of the growing risk of discrimination. As the demand for the agency’s services continues to increase, employers must take action to prevent and protect from employment risks. Consider these best practices:

• Review the EEOC’s annual report with your current company practices.
• Work with your legal counsel to develop or adjust anti-discrimination policies.
• Update all employment literature, including employee handbooks to address discrimination.
• Provide regular discrimination training for employees.
• Review and update all pregnancy policies to ensure they comply with PWFA regulations.
• Work with your risk advisor to ensure your company has the right risk prevention strategies in place.
• Secure employment practices liability coverage to protect against potential claims.

We’re Here to Help Safeguard Your Business

The Equal Employment Opportunity Commission's annual performance report is crucial for businesses to navigate workplace regulations and emerging trends. Analyzing insights from the report helps mitigate risks, promote diversity, equity and inclusion, and ensure compliance with legal requirements. With increasing demand for the EEOC's services, your company must remain proactive. Connect with a member of our team to learn how we can help safeguard your business and ensure compliance.