EEOC Proposal: The Agency You Accuse Would Decide Your Discrimination Case First

The EEOC has proposed a major change to the federal EEO complaint process: under the new proposal, the agency you accuse of discrimination would ordinarily decide your case first — before the EEOC decides whether any part of it goes to an EEOC Administrative Judge. For federal employees, that would mean losing your current choice to request a hearing before an independent judge.

This is breaking news from the EEOC’s August 26 vote. The proposal runs about 150 pages, and our founding attorney — a civil rights lawyer with more than 20,000 hours representing federal employees — has reviewed all of it. Here is what you need to know.

First: If You Have a Case Right Now, Take a Breath

Yesterday’s vote did not change your deadlines or cancel your hearing. This is a proposal, not a final rule. The EEOC says complaints already being processed would not be affected, and the proposal does not cancel your reasonable accommodation, either.

What the Proposal Would Change

Under the proposal, the agency would ordinarily decide first whether it violated your rights. You could appeal. Then the EEOC would decide whether particular issues go to a judge.

Appeals would remain. Limited discovery would still be possible. But you would lose your current choice of the judge’s process.

Why We Oppose Taking That Choice Away

This change puts more weight on the agency evaluating its own conduct. That does not seem wise to us, and we oppose taking that choice away from employees.

Here is a question we want answered: how will the EEOC ensure complete, impartial investigations that include the evidence employees need to prove their cases?

We also have serious concerns about how this proposal was designed. A change this consequential needs meaningful input from employees and the people who represent them.

Why We Are Still Confident

Our firm raised concerns before the vote. We are preparing our response and planning how we will adapt if a final rule is adopted, while continuing to handle our clients’ cases. Long term, we are not worried about civil rights protections — but in the short term, we believe the EEOC is making a serious mistake it has not fully thought through.

The EEOC cannot rewrite Congress’s protections against discrimination. We are going to keep working to enforce them.

What Federal Employees Should Do Now

For today: keep your deadlines. Keep your records. Tell your attorney about new developments. And keep private case details out of public comment sections.

Our initial breakdown of the proposal is available at fedlegalhelp.com/EEObreakdown.

We know federal employees have been through enough. You deserve straight answers and someone prepared to stand up for you. If you are facing discrimination or retaliation and want to understand your options, the attorneys for federal employees at Southworth PC are here to help. This is just getting started — and we are going to keep fighting for federal employees.

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.