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ARTICLE · 16 OCTOBER 2026

Big Agenda, Small Docket: Decoding The EEOC’s Surprisingly Muted FY 2026

Seyfarth Shaw LLP
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The EEOC filed only 97 merit lawsuits in fiscal year 2026, marking another year of historically low litigation activity despite regaining its quorum and new leadership under Chair Andrea Lucas. While overall filing numbers remained subdued, the composition reveals a strategic shift toward religious discrimination claims, pregnancy-related litigation, and majority-group discrimination cases that align with the Trump Administration's enforcement priorities.

United StatesEmployment and HR
Christopher DeGroff
Christopher DeGroff
Andrew Scroggins
Andrew Scroggins
Samantha Brooks
Samantha Brooks
James Nasiri
James Nasiri
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Seyfarth Synopsis:The EEOC’s fiscal year just closed, and the direction of its enforcement trends is remarkable. After filing just 93 merit lawsuits inFY 2025, many expected the EEOC to rebound in FY 2026. The Commission had regained its quorum in October 2025, and President Trump also designated Republican Commissioner Andrea Lucas as his pick for EEOC Chair in November 2025. This newly-secured leadership gave the Republican Commissioners effective control of the EEOC’s enforcement agenda and also removed a significant obstacle to litigation activity. The EEOC had all of the ingredients for a blockbuster year, but the anticipated EEOC filing surge never materialized. Instead, the Commission filed only 97 merit lawsuits in FY 2026, marking another year of historically anemic litigation activity. But there are lessons in those numbers. While overall filing numbers remain relatively subdued, the composition of these filings reveals a great deal about the EEOC’s evolving priorities

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