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EEOC highlights record pre-litigation recovery

This article highlights the EEOC’s record $660 million recovery in fiscal year 2025, driven largely by pre‑litigation enforcement activity, and outlines key enforcement priorities and compliance risks for employers.

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by Emily Scace, Brightmine Senior Legal Editor

The Equal Employment Opportunity Commission (EEOC) recovered $660 million from employers in fiscal year (FY) 2025, according to the latest Agency Performance Report — an amount the agency says is the third highest in its history.

A record-high $528 million of the total came via the agency’s pre-litigation enforcement process, which includes mediation, conciliation and pre-cause determination settlements. These are processes that, if successful, allow employers to resolve discrimination charges voluntarily and avoid litigation.

The total recovery amount includes $27 million from litigation, and $104.6 million for federal employees and applicants.

Of the $27 million recovered through litigation:

  • $19.26 million resulted from lawsuits under Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, national origin and sex (including pregnancy, sexual orientation and gender identity);
  • $3.96 million resulted from lawsuits under the Americans with Disabilities Act (ADA);
  • $2.05 million resulted from lawsuits under the Age Discrimination in Employment Act (ADEA);
  • $1.04 million resulted from lawsuits under multiple laws;
  • $0.27 million resulted from lawsuits under the Equal Pay Act; and
  • $0.04 million resulted from lawsuits under the Pregnant Workers Fairness Act.

In FY 2025, the EEOC:

  • Responded to nearly 270,000 inquiries;
  • Processed 88,201 new discrimination charges; and
  • Resolved 90,743 charges of discrimination.

Priority areas

The report also highlighted the agency’s actions in key focus areas, which are likely to continue into FY 2026 and beyond, including:

  • Defending against sex- and pregnancy-based discrimination and harassment.
  • Challenging diversity, equity and inclusion (DEI) programs and practices alleged to be discriminatory;
  • Combating national origin discrimination involving preferences for foreign workers over American workers;
  • Opposing religious discrimination and harassment and protecting religious accommodation rights; and
  • Defending against sex- and pregnancy-based discrimination and harassment.

Jurisdiction: Federal

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