According to a study by Lex Machina, federal employment litigation has reached the highest levels they have been in seven years, since before the COVID-19 pandemic. This dramatic increase in litigation has been attributed to an increase in both discrimination cases and disability accommodation cases, which have risen dramatically since 2018. This shift is attributed partly to an increase of COVID-related disability claims, as well as other shifts in the law that have made it easier to sue for employment discrimination.
Federal Employment Litigation at Highest Levels Since 2018
An examination of federal employment law litigation found that the number of lawsuits filed last year are the highest they have been since 2018. In total, 26,635 employment lawsuits were filed in federal court in 2025, an approximately 10% increase compared to 2024. This increase primarily focused on two areas: employment discrimination, and disability accommodations.
Rise Attributed to Increase in Discrimination and Disability-Related Lawsuits
The study found that disability-related claims were a massive part of the increase in litigation, increasing by 42% in just the last year alone. This is due in large part to an increase of people suffering from chronic disabilities related to the COVID-19 pandemic, with employers allegedly refusing to provide reasonable accommodations to these disabled individuals. The increase in discrimination lawsuits, meanwhile, is seemingly based on shifts in employment law that made it easier for litigants to file pro se for discrimination claims. However, these pro se cases have generally gone poorly, with these litigants winning only one case for every forty they lose.
FLSA Claims Remain Flat Over Last Several Years
By contrast, the study noted that claims related to the Fair Labor Standards Act (FLSA) remained essentially flat over the past few years. The FLSA is the federal law that regulates many issues related to employee wages and compensation, including minimum wage and overtime rules. While these claims are still an issue, they are seemingly no more common than they were seven years ago.
Implications For Employees
The increase in disability accommodation cases is a sign of just how important it is that employers meet employees halfway when it comes to long-term health problems. When they fail to do so, it is often employees who pay the price, literally or figuratively. Meanwhile, the explosive growth of pro se discrimination cases, and their general lack of success, is a reminder of the importance of having experienced legal counsel to help with your employment law litigation.
Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 45 years’ experience handling the many aspects of employment law. His new book, “Fired!: Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” is available in hardback, and contains valuable advice on dealing with employment and labor law issues. To purchase the book, feel free to contact Steven Sack at 917-371-8000 or visit the website at legalstratpub.com. To inquire about a legal matter, please feel free to contact attorney Steven Sack at 917-371-8000 or stevensackatty@hotmail.com.
