EEOC Budget Plans Fewer Judges for the Same Federal-Sector Caseload
The EEOC's own FY 2027 budget request plans for fewer administrative judges to handle the same number of federal-sector hearing requests, even as the agency proposes limiting federal employees' access to those judges. The EEOC says discrimination cases take too long. Its budget tells an important part of the story.
What Table 9 Shows
Table 9 of the EEOC's FY 2027 Congressional Budget Justification reports that 89 administrative judges were available for federal-sector hearings in 2025 (actual). For 2026 and 2027, the estimate is 58.
The same table lists incoming hearing requests: 7,175 in 2025, and a projected 7,175 in both 2026 and 2027. Same workload, about a third fewer judges.
What the Funding Tables Show
The budget's funding tables tell a similar story. Federal-sector enforcement received about $72.7 million in 2025. For 2026 and 2027, the figure is $64.5 million. The agency asks Congress for about $20 million more overall and budgets none of that increase for federal-sector enforcement.
The Delay Is Real, and So Is the Management Problem
Federal employees who have waited on an EEO hearing know the delay is real. The EEOC reports an average of 442 days in the hearing process. Staffing does not explain every one of those days. The EEOC's own proposed-rule notice acknowledges that decision-ready cases sit for months while judges work on easier closures.
That is a management problem. Management problems are fixed with supervision and resources, not by taking away an employee's ability to request a judge.
Our Position
Fund the judges. Hire and keep qualified people. Manage the older cases. Then talk about what to cut. The answer to too few judges cannot be fewer chances to get in front of one.
The proposal is not a final rule, and nothing about your current hearing rights has changed yet. Comments close September 28, 2026. Our full comment letter and instructions for submitting your own are at fedlegalhelp.com/EEOproposal. If you are a union steward or know one, this is worth passing along.
Talk to Someone Who Knows the Process
If you have a pending EEO complaint and are unsure how these changes could affect you, Southworth PC's federal employee lawyers can help you understand your options.
Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.