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Why Southworth PC Filed 43 Pages Against the EEOC Complaint Rewrite

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The EEOC's proposed rule for the federal-sector complaint process would change how federal employees challenge discrimination and retaliation at their own agencies, and Southworth PC has submitted a forty-three-page comment opposing it. The proposal is not final. Comments are due September 28, 2026, and we want every federal employee to understand what is at stake before that window closes.

What the Proposed Rule Would Change

Under the current rules in 29 C.F.R. Part 1614, after your agency investigates your EEO complaint, you have a choice. You can request a hearing before an EEOC administrative judge: someone outside your agency who takes your case and decides it.

The proposed rewrite would reverse that order. Your agency would decide your case first. You would then appeal and ask permission for a judge. The EEOC would decide whether a hearing is necessary or efficient. In practical terms, a choice that belongs to you today would become the EEOC's call.

Why Our Firm Took This On

Southworth PC practices federal employment law and nothing else. We have represented more than two thousand federal employees and tried hundreds of cases to decision. That experience is why we put in the work on this comment, footnotes and all.

We wrote it for our clients. Mostly, though, we wrote it for the federal employee who receives a confusing notice from their agency, reads it three times, and has nobody to call. This proposal asks the most of the people who have the least help. That is backwards, and we said so.

What You Can Do Before September 28

  • Read the letter. Our full comment, plus instructions for filing your own, is available at fedlegalhelp.com/EEOproposal.
  • Tell one coworker. Many federal employees do not know this proposal exists.
  • Comment if you can. If you have two minutes, tell the EEOC what you think. The docket is EEOC-2026-0067, published at 91 Fed. Reg. 55,690.

Nothing about your current rights has changed yet. If you have an EEO complaint pending, keep meeting every deadline under the rules as they stand today.

Stay Informed

When it matters, we do not just talk; we file. To follow what happens next with this proposal and other changes affecting the federal workforce, sign up for our free newsletter.

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. You can contact Southworth PC at attorneysforfederalemployees.com.

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