Labor and Employment Federal Litigation Trends 2026

Available now, the Lex Machina® 2026 Employment Litigation Report delivers a comprehensive analysis of federal labor and employment litigation trends from 2016 through 2025. Drawing on more than a decade of data, the report equips law firms and corporate legal teams with actionable insights to better assess risk, refine strategy, and anticipate outcomes in today’s evolving workplace disputes.  

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“The Employment Litigation Report reveals a rapidly shifting liability risk profile for employers in this decade,” said Eric Wright, senior vice president for Lex Machina at LexisNexis®. “From 2023 to 2025, employee claims on median took 1,021 days – that’s nearly three years – to reach trial, and courts approved nearly $2 billion in settlement awards for employment-related class actions despite reductions in FLSA claims. These findings give practitioners concrete benchmarks for assessing risk, timing, and potential exposure in modern workplace disputes.”  

Disability Accommodation Cases Reach New Highs 

Employment lawsuits alleging failure to provide reasonable accommodation to qualified individuals with disabilities have risen sharply. In 2025, plaintiffs filed 6,796 disability accommodation cases, a likely record and an increase of about 42% year over year. Long-term health issues associated with Covid-19 continue to influence this trend. In addition, several recent high-damage awards in disability accommodation cases may be contributing to increased plaintiff activity. 

Discrimination Filings Exceed 20,000 

Since 2022, federal claims involving adverse employment actions or unwelcome conduct against protected classes, as well as retaliation claims, have surpassed pre-pandemic averages. In 2025, plaintiffs filed more than 20,000 federal discrimination lawsuits, the first time that filings crossed that threshold since at least 2009. Recent developments in case law that reinforced certain avenues of recovery for discrimination plaintiffs likely played a role in this increase. 

Rise in Pro Se Plaintiffs Brings Stark Outcomes 

The proportion of federal employment cases filed by unrepresented plaintiffs has grown steadily from 2021 through 2025. In 2025, more than 16 percent of employment lawsuits were filed pro se, up from under 10 percent in 2021. The litigation outcomes for these plaintiffs are striking. From 2023 through 2025, pro se employment plaintiffs lost at a ratio exceeding 40 to 1 in cases decided on the merits. This growing segment of filings presents unique strategic and procedural considerations for both plaintiffs and defendants. 

Turning Data into Strategic Advantage 

“The Lex Machina Employment Report 2026 is a rich report with interesting data and insights on trends and developments in employment related claims and lawsuits,” said Daniel A. Cotter, partner with Aronberg Goldgehn Davis & Garmisa. “The information related to disability accommodations cases growing is something that the report had identified to me to monitor closely.” 

Related Post: Anticipate, Uncover, Deliver – Three Ways Litigation Analytics Bolster Real Workflows 

Lex Machina, the LexisNexis Legal Analytics® platform, empowers legal professionals to make data-informed decisions for claim assessment, venue selection, motion strategy, settlement negotiations, trial tactics, business development, lateral hiring, and more. We provide companies and law firms with advanced intelligence on case outcomes in federal courts and an expanding range of state courts – now including docket-level data for more than 1,300 venues. 

Is your team ready to make data-driven decisions from complaints through appeal? Visit the Lex Machina product page for more information and sign up for a free demonstration and customized analytical report. 

Frequently Asked Questions   

Which types of claims are driving federal employment litigation trends? 

The report highlights sharp growth in disability accommodation filings and a record level of discrimination filings. In 2025, plaintiffs filed 6,796 disability accommodation cases, and federal discrimination filings exceeded 20,000 cases for the first time in the report’s tracking period. Claim mix shapes what evidence matters and how early disputes surface.   

What do federal employment litigation trends suggest about case timing? 

Federal employment trends in this dataset point to long timelines, even in ordinary matters. From 2023 to 2025, employee claims on median took 1,021 days to reach trial. That does not mean every case will run three years. It does mean clients need a budgeting plan that assumes long runway, staffing continuity, and periodic re-evaluation of reserves.  

Do pro se plaintiffs win employment lawsuits? 

They can. The odds get harsh once a case reaches merits decisions. From 2023 through 2025, pro se employment plaintiffs lost at a ratio greater than 40:1 in cases decided on the merits in federal district courts.