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Every year, like clockwork, the Equal Employment Opportunity Commission (“EEOC”) reminds us just how out of touch it is with the realities faced by ordinary workers. The 2024 Annual Performance Report and the Office of General Counsel’s Fiscal Year 2024 Annual Report paint a grim picture: the agency prioritizes systemic cases and high-profile claims, leaving countless employees in the dust. The EEOC is like waiting two hours in line for what you think is the biggest, baddest, roller coaster only to find out that its the kiddie merry-go-round. Lots of waiting and expectations for no action.

These reports highlight systemic inefficiencies, cherry-picking practices, and slow processes that make the EEOC feel more like a bureaucratic black hole than a champion for workers’ rights. These reports highlight systemic inefficiencies, selective prioritization, and lengthy processes that fail to meet the needs of most individuals facing employment discrimination.

The 2024 reports toot the EEOC’s own horn about its handling of workplace discrimination cases but also reveal significant limitations in its ability to address individual claims effectively. Here’s what you need to know about the challenges you might face when depending on the EEOC and how you can take control of your case.

The Wait Is Longer Than You Think

When you’re dealing with discrimination on your job, every day feels like an eternity. Unfortunately, the EEOC’s process is rarely quick. The 2024 report notes the agency received 88,531 new discrimination charges during the year and handled over 553,000 public inquiries through its contact center. Many investigations take over 10 months, leaving employees in limbo and unable to move forward with their lives. This is like standing in a 33.4-mile line waiting for your chance to ride.

Limited Mediation Means Missed Opportunities

While you are waiting in this line, the EEOC offers to mediate some cases. Mediation is a voluntary process where a neutral third party facilitates discussions between the employee and employer to help them reach a mutually acceptable resolution. Mediation is often faster, less formal, and less emotionally taxing than investigations or court proceedings. In 2024, the EEOC successfully resolved 8,543 private-sector mediations, which amounts to just 9.6% of the 88,531 new charges filed. This shows how less than one in ten benefits from this fast pass.

Your Chances of Litigation Are Slim

When you file with the EEOC, every employee is looking for the chance to be heard in court – the thrill of the roller coaster. Except, just because you stood in line does not mean you ever get your chance to be heard.

Remember how many people filed charges and were waiting in line. Well, the EEOC chose only 111 of those people to file new lawsuits in 2024. This just 0.13% of the total discrimination charges filed in court! Not trial – just having a complaint filed in court to start the litigation process. Let me put this into perspective. This is same chance a mother has of giving birth to a baby with extra fingers or toes. You have a better mathematical chance of pulling a quarter out of your pocket (if you carry change anymore), flipping a quarter nine time and landing heads every time (0.1953%).

These lawsuits addressed claims like pregnancy discrimination (52 cases, 0.059% of total charges filed), disability discrimination (48 cases, 0.054%), retaliation (43 cases, 0.049%), race/color discrimination (15 cases, 0.017%), age discrimination (7 cases, 0.008%), national origin discrimination (6 cases, 0.007%), and religious discrimination (3 cases, 0.003%). Compared to the 88,531 charges filed, this translates to a 0.017% chance for race discrimination and an even slimmer 0.003% for religious discrimination. So, when you file your age or racial discrimination case, this is what they mean when they say you have next to no chance of getting your case to litigation by simply filing with the EEOC without help from an attorney.

Cherry-Picking: Who Gets Helped?

The EEOC tends to cherry-pick the undeniably strongest and highest-value claims to litigate. Unless your case is worth a lot and has irrefutable evidence, your 0.017% chance to have your a race discrimination claim or 0.003% chance for you religious discrimination to get selected by the EEOC are like a Sports Illustrated Swimsuit Model that just went on Ozempic and got even thinner. Employees with claims that don’t fit these high-value categories are far less likely to receive meaningful assistance, no matter how valid their cases may be. So, if you are black plumber at a job that has less than 20 employees who was called racial slurs or Jewish bartender at a local bar wrongfully fired for requesting the Sabbath night off, you somehow getting even closer to a zero percent chance of the EEOC taking your case to court.

The EEOC Champions Certain Causes Each Year

In additional to all the other limiting factors, the EEOC champions specific causes each year, focusing on cases it believes will have the greatest systemic impact. Systemic discrimination refers to patterns or practices affecting large groups of employees—such as company-wide policies disadvantaging a particular protected class. This year, the agency’s focus aligned with the new federal Pregnant Workers Fairness Act (PWFA), prioritizing claims involving pregnancy discrimination. As a result, pregnancy-related cases accounted for 46.8% of lawsuits filed in 2024. For some reason, the EEOC determined that it was more important to file 246.67% more pregnancy lawsuits than those address race discrimination. With so much attention on pregnancy discrimination, employees with other types of claims, like race or religious discrimination, were effectively squeezed out of the picture. It’s like putting a watermelon in a hand carry basket at the grocery store – there simply is no room left for the eggs, milk, and cheese.

For individual employees whose cases do not align with the EEOC’s annual focus, the chances of their claims receiving meaningful attention dwindle even further. This prioritization often leaves good or even great cases—those lacking systemic ties or significant monetary value—unsupported by the EEOC.

Focus on Systemic Cases Leaves Individuals Behind

The EEOC’s emphasis on systemic discrimination—patterns or practices affecting multiple employees—is essential for broad workplace reform. However, this approach often leaves employees with unique or individual claims unsupported. For example, a disabled worker wrongfully terminated for requesting flexible hours or the only old worker at the factory fired for reporting age discrimination are the types of cases likely to get pushed aside. This prioritization shows how employees with cases that don’t fit into systemic patterns or lack high-value damages are less likely to see their cases advanced by the EEOC.

Conclusion: The EEOC’s Process Is Not the End of the Road

For many employees, the most practical outcome of filing with the EEOC is obtaining a Right-to-Sue letter and being told to either go it alone or find an attorney. But let’s face it: waiting around for the EEOC to act is often a game of diminishing returns. The agency processes thousands of charges annually, but only a fraction receive the attention they deserve, and even fewer see meaningful action. Worse yet, the EEOC—not you—gets to decide when and how to settle your case, leaving you with little control over your fight for justice.

This is where having an experienced attorney makes all the difference. Unlike the EEOC, which focuses on systemic and high-value cases, a lawyer is dedicated to fighting for your specific claim. Attorneys can help you gather evidence, negotiate settlements, and, if necessary, file a lawsuit tailored to your needs. They ensure you remain in control of the process and maximize your chances of a favorable outcome. Waiting on the EEOC means relinquishing your voice and power; hiring an attorney ensures you are heard.

By requesting a Right-to-Sue letter early, which an attorney can do for you, you can take back control and pursue justice on your own timeline. Don’t let the inefficiencies of the EEOC derail your pursuit of what’s right. Don’t let the EEOC derail your pursuit of justice.

If you’ve experienced discrimination, you deserve justice—and you deserve it sooner rather than later. Filing a charge with the EEOC is an important step, but it doesn’t have to be your only one. Working with an experienced employment attorney can help you navigate the EEOC process while also exploring other paths to justice.

At Spitz, The Employee’s Law Firm, we understand how overwhelming this journey can be, and we’re here to guide you every step of the way. We’ve helped countless employees stand up against discrimination, and we’ll fight to ensure your voice is heard. With free initial consultations and a no-fee guarantee, you can trust us to put your needs first. Call us today to learn how we can help you pursue the justice you deserve.

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Disclaimer: This blog provides general information and should not be taken as legal advice. Consult with a qualified employment lawyer for advice specific to your situation. This blog is a legal advertisement.