Federal employment litigation is on the rise. A key factor driving this increase may be the growing lack of employee engagement, as workers feel more disconnected and dissatisfied with their employers. This disengagement led employees to be more proactive in gathering concrete evidence for discrimination and retaliation claims. Employers must prioritize fostering engagement to reduce the risk of costly litigation and protect their bottom line by decreasing turnover, increasing productivity and loyalty, etc. Read on to explore the key factors driving these trends and what steps employers can take to foster a more engaged and compliant workforce.

The Equal Employment Opportunity Commission (EEOC) received more charges, filed more lawsuits, and secured more monetary relief for employees in fiscal year 2023 than in the previous fiscal year according to the Society for Human Resource Management (SHRM), continuing a recent trend. Specifically, during fiscal year 2023, the EEOC reported that it filed a total of 143 lawsuits on behalf of alleged victims of workplace discrimination—an increase of more than 50% over fiscal year 2022 filings. This may be partially due to the fact that the EEOC received 81,055 new charges of discrimination in 2023—a more than 10% increase over the previous year. In the same year, the EEOC contact center handled 10% more calls from the public and 25% more emails compared to fiscal year 2022.