The Equal Employment Opportunity Commission’s (EEOC) fiscal year ended on Sept. 30, 2013, and the preliminary score cards are in. An analysis of the EEOC’s year-end filings suggest that the EEOC revved its engine in August and September of FY 2013 and filed 48 of its 134 lawsuits in the last two months of the year. The EEOC traditionally launches large salvos of federal court complaints across the country in the waning weeks of its fiscal year. The EEOC’s dash to the finish line has become common practice and is often referred to as the “Red Zone.” The sheer number of EEOC cases filed in the Red Zone is always telling, but the statistics only give part of the story.
A look behind the numbers provides additional insight into the EEOC’s litigation agenda and a warning of things to come.