Missing Paragraphs and Phantom Citations: The Drafting Errors Inside the EEOC's Proposed EEO Overhaul

The EEOC proposed rule that would rewrite how every federal employee's discrimination complaint gets decided contains something you would not expect in an officially published regulation: paragraphs that skip numbers, and citations to provisions that do not exist. The sloppiness matters — because it is evidence of how fast this rewrite is moving, and the public has only until September 28 to respond.

A 2–1 Vote and a 30-Day Clock

The Commission voted 2–1 to publish the proposal. Commissioner Kotagal moved to give the public sixty days to comment on the roughly 150-page package; the motion did not even get a second. The comment window is thirty days.

The Numbering Doesn't Add Up

The proposed regulation, as officially published in the Federal Register, does not always proceed in numeric order — and omits certain numbers entirely. Under proposed 1614.106(d), paragraph 1 jumps to paragraph 3. Under proposed 1614.106(e), paragraph 4 jumps to paragraph 6. In proposed 1614.110, paragraph (c) jumps to paragraph (e). Paragraphs 2, 5, and (d) do not appear in between. Are those provisions misnumbered, or missing? The public should not have to guess — but during a thirty-day window, it does.

Citations to Provisions That Do Not Exist

The proposal also cross-references sections that simply are not there. Proposed 1614.109(d) cites a non-existent paragraph (j)(7). Proposed 1614.109(g) cites a non-existent paragraph (j)(4). Proposed 1614.501 cites a non-existent 1614.108(j). And proposed 1614.406 contains several references that do not match the printed paragraphs. That is not a typo problem. That is a speed problem.

How This Compares to the Last Rewrite

The last full rewrite of the federal-sector EEO process, back in the 1990s, came after a federal sector workgroup, years of stakeholder input, and a sixty-day comment period. This time, a motion just to form a working group also died without a second.

How to Comment Before September 28

The comment window is the only say the public gets, and it closes September 28, 2026. Comments go to regulations.gov under "Federal Sector Equal Employment Opportunity," RIN 3046-AB46. A commenting guide is in the works from our team, but you do not need to wait for it — comments can be filed right now. In the meantime, today's rules, including the 45-day deadline to contact an EEO counselor, remain fully in force.

Practical Takeaway for Federal Employees

If this rewrite would affect you — and if you ever plan to file or defend an EEO complaint, it would — the most useful thing you can do this month is file a comment, and be specific about the provisions that affect you. If you have an active case or are weighing one, the attorneys for federal employees at Southworth PC can help you understand what the proposal would change and how to protect your rights under the rules in force today.

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.