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The EEOC filed 97 merit lawsuits in fiscal year 2026, up from 93 in FY 2025, according to a September 30, 2026 analysis by Seyfarth Shaw. The law firm describes the total as historically low, even as it says the agency’s selected cases emphasized religious discrimination, pregnancy-related protections and some claims involving alleged bias against White or American workers. The figure measures lawsuits—not the full scope of the EEOC’s enforcement work.

What does the 97-lawsuit figure mean?

Seyfarth Shaw reports that the Equal Employment Opportunity Commission filed 97 merit lawsuits in FY 2026, compared with 93 in FY 2025. The fiscal year ended September 30, 2026. Seyfarth characterizes the 2026 total as one of the lowest annual filing totals of the past decade.

The count is a measure of merit lawsuits filed, not a count of every charge investigated, settlement reached, or other enforcement activity. The EEOC has said that much of its enforcement work remains confidential until a settlement or litigation makes it public. A low lawsuit count therefore does not, by itself, show that the agency stopped enforcing employment-discrimination laws.

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Which kinds of cases stood out?

Seyfarth’s review identifies several categories in the FY 2026 docket. These are the law firm’s classifications of filed cases, not separately audited government totals.

Category FY 2026 cases reported by Seyfarth What the figure describes
Religion 16 Religion-based lawsuits filed during the fiscal year.
Pregnancy 14 Suits alleging pregnancy discrimination or failure to accommodate pregnancy.
Race or national origin 15 Suits in these categories; Seyfarth says several involved allegations on behalf of White or American workers.

Seyfarth also describes continued sex- and disability-discrimination claims and cases involving disability or religious accommodations. Its docket review found no cases brought on behalf of LGBTQ employees in FY 2026. These observations describe the cases in that review; they should not be read as a measure of every charge or agency action in those areas.

Why does the report describe the case mix as significant?

Seyfarth says the selected cases tracked themes in the EEOC’s FY 2025–2029 National Enforcement Plan and aligned with the FY 2026–2030 Strategic Plan’s focus on vulnerable workers, systemic barriers and accommodations. The firm interprets the docket as reflecting priorities emphasized by Chair Andrea Lucas and the administration, including religious discrimination, alleged anti-American bias, protections for women and challenges to allegedly unlawful diversity, equity and inclusion practices.

That is an outside law firm’s interpretation of the filed cases and agency plans. The EEOC’s own public messaging has emphasized religious-freedom enforcement. In a May 2026 statement, the agency said it had filed 16 religious-discrimination lawsuits since January 2025. That count covers a different time period from Seyfarth’s 16 religion-based suits in FY 2026, so the figures are not interchangeable.

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What does “defends religious, majority groups” mean?

The phrase refers to the reported mix of cases: religion-related suits and several race or national-origin cases alleging discrimination against White or American workers. It does not establish that an employer discriminated or that a court found a violation. A lawsuit records allegations; liability depends on the facts and legal proceedings in each case.

Likewise, the 97 filings do not show that the EEOC devoted all of its enforcement resources to those categories. The available annual analysis discusses filed cases, while other agency work may not be public in the same way.

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How should readers interpret the reported retreat?

In this context, “retreats on enforcement” refers to the relatively small number of merit lawsuits filed, as characterized by Seyfarth—not a finding that the agency abandoned enforcement. The reported total rose from 93 to 97 year over year, while remaining historically low by Seyfarth’s assessment. The case mix suggests concentrated selection: low overall volume can coexist with visible emphasis on particular claims.

The underlying annual figures and category counts come from Seyfarth Shaw’s September 30, 2026 analysis. Business Insurance’s October 1 listing, available through Muck Rack, likewise says the agency filed 97 discrimination lawsuits in the fiscal year ending September 30, but the full article and case-level dataset were not available in the cited material. Accordingly, the category breakdown should be attributed to Seyfarth rather than presented as an independently verified government tally.

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