According to the Littler Annual Employer Survey Report published in May 2026, employment litigation and workforce accommodations are “top of mind” for employers.
The Employer Survey Report was caried out by surveying more than 300 U.S. based C-suite executives, in house lawyers, and HR professionals, across a range of industries and in companies of varying sizes.
When asked in which areas are organisations concerned about employment-related litigation over the next 12 months, discrimination and harassment remained the area of most concern with 68% of those who responded identifying this as a key area of concern.
This aligns with Littler’s survey reports from 2024 and 2025, in which discrimination and harassment claims were also the area most identified as a litigation risk, though the level of concern has increased by a further 5% this year.
‘Workplace accommodations’ followed closely behind as the second most selected area of concern, with 67% of those surveyed expressing concern about litigation in this area. This represents a 17% increase compared to Littler’s 2025 survey report.
Although the Employer Survey Report focuses on responses from US-based employers, the increased concern regarding litigation in this area aligns with recent litigation trends in Ireland.
The Workplace Relations Commission’s (‘WRC’) Annual Report 2025, has shown an increase year on year in the number of complaints being pursued under the Employment Equality Acts 1998-2021 (the ‘EEA’).
There are nine protected grounds under which a complaint can be referred under the EEA, though more than one ground can be cited on a complaint.
Compared to 2024, there has been a 23% increase on the number of complaints submitted under the EEA. Of these complaints, the disability ground accounts for the highest proportion of referrals to the WRC and was cited in 31% of complaints. This is compared to the next highest grounds of gender and race, accounting for 20% and 19% of such referrals respectively.
In addition to the general overall increase in claims pursued under the EEA, by far the most notable increase in respect of any one particular protected ground has been in the number of complaints citing the disability ground.
A total of 622 complaints were submitted to the WRC citing the disability ground in 2025, which shows an increase of 52% compared to the number of complaints submitted in 2024, and an increase of 88% when compared to the number of complaints in 2023.
Unfortunately, the WRC’s Annual Report 2025 does not break down the specific category of complaint, which could for example involve claims of less favourable treatment, harassment, or relate to the provision of reasonable accommodations.
This dramatic increase in claims could be influenced by a number of factors, including the broad definition of disability under the EEA, or increased awareness of the protections afforded to employees.
