Attorneys for Federal Employees — Nationwide

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Today at a Glance

• EEOC Complaint-Process Rewrite: Comment closed September 28 with more than 1,700 filings, and lawmakers, former EEOC commissioners, and AFGE are asking the Commission to withdraw the proposal. Nothing has changed yet — the 45-day counselor-contact clock and the right to request a hearing are still the law today.

• Foreign Service Grievance Board: The State Department has seated 14 new members on the board that hears Foreign Service firings and discipline, after every prior member's term expired September 30. AFSA says the appointments skipped the union approval the Foreign Service Act requires, and a Justice Department opinion now treats the Secretary of State as the final word on the board's decisions.

• Merit System Pressure in Hiring: A new MSPB study finds 38 percent of federal staffing specialists say their supervisors emphasize results "regardless of rules," and fewer than half believe hiring managers understand merit system principles and prohibited personnel practices. The law gives both applicants and HR staff a way to push back.

Top Stories:

1. More Than 1,700 Comments Later, Lawmakers and Former EEOC Commissioners Ask the Commission to Withdraw Its Complaint-Process Rewrite — Here Is What the Record Says, and Why Your 45-Day Clock Has Not Changed

Source: Federal News Network, October 2, 2026

TL;DR: The Equal Employment Opportunity Commission closed public comment on September 28 on its proposed rewrite of the federal-sector EEO complaint process in 29 C.F.R. Part 1614, after receiving more than 1,700 comments, according to Federal News Network. The proposal, published August 28 at 91 Fed. Reg. 55690 after a 2-1 Commission vote, would end mandatory pre-complaint counseling in favor of direct filing, eliminate the complainant's right to elect a hearing before an EEOC Administrative Judge, and end administrative class complaints. In a September 28 letter to Chair Andrea Lucas, Senate and House Democrats led by Sen. Chris Van Hollen (75 members, by FNN's count) asked the Commission to withdraw the proposal, writing that it "could have the effect of making EEO claims slower on top of stripping federal employees of key rights." The letter says the proposed 60-day filing window, with its requirement that a complaint state a claim "plausible on its face," would be hard for unrepresented employees to meet without access to agency records, and it reports $175 million recovered for federal workers through class settlements in fiscal years 2023 and 2024. EEO Leaders, a group formed by former commissioners, told the Commission the proposal would require employees "to seek vindication of their rights primarily at the very agencies that may have violated those rights," and the American Federation of Government Employees argued that a 30-day comment period did not provide a "meaningful opportunity" to comment under the Administrative Procedure Act. Chair Lucas has said the changes are meant to shorten a process in which complainants who ultimately prevailed waited an average of 2.63 years between a hearing request and relief.

For federal employees, this means:

• Nothing has changed yet. You still have 45 days from the discriminatory act to contact an EEO counselor (29 C.F.R. § 1614.105(a)(1)), and you may still request a hearing before an Administrative Judge once the investigation is complete or 180 days have passed since you filed (29 C.F.R. § 1614.108(f), (h)). Do not let a pending claim lapse while waiting to see what the Commission does.
• Watch the Federal Register. The Commission must consider the comments before it can finalize anything, and a final rule would state its own effective date and how pending complaints are handled.
• If you are a member of a pending class complaint or weighing one, the class rules at 29 C.F.R. § 1614.204 remain in force, and AFGE's lawsuit over the Commission's 2025 pause on class-case processing remains pending in the U.S. District Court for the District of Columbia.

Legal Insight

The Administrative Procedure Act requires an agency to consider the "relevant matter presented" in comments and to publish any final rule with a statement of its basis and purpose, 5 U.S.C. § 553(c), generally at least 30 days before the rule takes effect, 5 U.S.C. § 553(d). Until a final rule is published and effective, Part 1614 as written governs counselor contact, the formal complaint, the investigation, the hearing election, and the appeal to the Office of Federal Operations. Employees with a live claim should meet today's deadlines under today's rules; if you are deciding whether to request a hearing or to appeal a final agency decision, consult a federal employment attorney before the window closes.

2. The State Department Seats 14 New Members on the Foreign Service Grievance Board — AFSA Says the Union Approval the Statute Requires Was Skipped, and a Justice Department Opinion Now Makes the Secretary the Final Decision-Maker

Source: Government Executive, October 2, 2026

TL;DR: Secretary of State Marco Rubio has appointed 14 members to the Foreign Service Grievance Board, the independent panel that decides Foreign Service employees' challenges to firings and discipline, Government Executive reported October 2. The terms of all previous members expired September 30, and the board's former chairman had warned in July that without appointments it would "cease to function." The American Foreign Service Association said in an October 1 statement that it learned of the appointments only after they were made and that the foreign affairs agencies "violated federal law" by proceeding without the union's sign-off; the Foreign Service Act requires that members be appointed "from nominees approved in writing by the agencies to which this subchapter applies and the exclusive representative," 22 U.S.C. § 4135(b). AFSA said it "is considering all legal options." The appointments follow an August 21 opinion from the Justice Department's Office of Legal Counsel concluding that the Act's grant of final decision-making authority to the board violates Article II; the Department said the board "may continue to hear grievances as before, but the Secretary will retain final decision-making authority."

For federal employees, this means:

• If you are a Foreign Service employee with a grievance pending or discipline on the way, the board is functioning again and the filing rules at 22 C.F.R. parts 901 through 910 have not changed. File on time and build your record as before.
• Understand the new wrinkle. The Department now treats the Secretary as the final word on a board decision, while the statute still says board decisions "shall be final, subject only to judicial review," 22 U.S.C. § 4137(c). That conflict is likely headed to court, so document everything.
• Judicial review of a final action is available in U.S. district court within 180 days, 22 U.S.C. § 4140(a); for a grievance based on discrimination, a de novo civil action must be filed within 90 days of notice of the final action, § 4140(b)(2). Those are hard deadlines.

Legal Insight

Congress built independence into this board by statute: no fewer than five members who are not Department employees or members of the Service, 22 U.S.C. § 4135(a); appointment only from nominees approved in writing by the agencies and the exclusive representative, § 4135(b); removal only for cause, established at a hearing, § 4135(d); and remedies that include reinstatement with back pay and attorney fees, § 4137(b). A legal opinion does not change the statute's text; whether the new members were lawfully appointed, and whether the Secretary may override a board decision, are questions only a court can settle. Foreign Service employees facing separation should consult a federal employment attorney now — the grievance and judicial-review deadlines run no matter how those questions come out.

3. MSPB Study: Nearly Four in Ten Federal Staffing Specialists Say Supervisors Push Results "Regardless of Rules" — What the Merit System Principles Require, and Who Can Report a Prohibited Personnel Practice

Source: FEDweek, October 2, 2026

TL;DR: The Merit Systems Protection Board has published "The Merit System's Front Line: A Profile of Federal Staffing Specialists and the Constraints They Face," a study built on a 2023 governmentwide survey of roughly 3,300 human resources staffing specialists at 20 CFO Act agencies, as FEDweek reported October 2. Most specialists said their supervisors stress accuracy, compliance, and timeliness, but 38 percent agreed that their supervisors emphasize "achieving results hiring managers want regardless of rules," and only 46 percent disagreed. Fewer than half (42 percent) said the hiring managers they serve have a good understanding of merit system principles, prohibited personnel practices, and federal HR rules, and about 62 percent said managers' lack of concern with HR rules made their work harder to some or a great extent. Most specialists (81 percent) said their supervisor would support them if they refused an action that would amount to a prohibited personnel practice, yet 18 percent agreed that reporting one could be viewed as "bad customer service." The Board wrote: "Even a perception that results are prioritized over rules can create pressure to shortcut compliance-critical steps and could increase the risk of prohibited personnel practices." The Board noted that the survey predates the 2025 workforce changes.

For federal employees, this means:

• If you applied for a job, promotion, or detail and believe the rules were bent — a pre-selected candidate, a tailored announcement, veterans' preference ignored — the Office of Special Counsel accepts prohibited personnel practice complaints from applicants as well as employees, 5 U.S.C. § 1214, and veterans' preference claims have their own route under 5 U.S.C. § 3330a.
• If you are the HR specialist being pressed to cut a corner, the law protects your refusal: it is itself a prohibited personnel practice to take action against an employee for "refusing to obey an order that would require the individual to violate a law, rule, or regulation," 5 U.S.C. § 2302(b)(9)(D). Put the instruction and your objection in writing.
• If you are a hiring manager, the merit system principles require that selection be "determined solely on the basis of relative ability, knowledge, and skills, after fair and open competition," 5 U.S.C. § 2301(b)(1). OPM's new 80-day hiring timeline, covered Friday, operates inside those rules, not in place of them.

Legal Insight

The merit system principles in 5 U.S.C. § 2301(b) and the prohibited personnel practices in § 2302(b) apply to every appointment, promotion, and detail, including a non-selection. Granting a preference or advantage "not authorized by law, rule, or regulation" to improve or injure a particular person's prospects is a prohibited personnel practice under § 2302(b)(6), and agency heads are responsible for ensuring employees are informed of these rights and remedies, § 2302(c). A non-selection is often difficult to challenge directly, but an OSC complaint under § 1214 is open to applicants, and OSC may seek corrective action before the Board.

Legal Tip of the Day

When a Rule Might Change, Plan Around Today’s Rules

When you hear that a rule affecting your rights may change — a proposed regulation, a new board, a shift in policy — it is tempting to wait and see how it turns out. Don’t. A proposal is not a final rule, and the deadlines and procedures in effect today are the ones to plan around. Write down the date of the action you may want to challenge, every deadline you know of, and where to file, on a private timeline kept outside government systems. If you are unsure which deadline applies, ask in writing who to contact and what time limits are running. Do not assume a deadline will pause because a rule is under review or a related case is pending.  

In Case You Missed It

A few quick hits from our recent posts:

FEHB Premiums Rise 10.9% for 2027 as Pay Freeze Looms: 3 Moves Before Open Season Ends

Judge Orders Bureau of Prisons to Reinstate Union Contract Through May 2029

AFGE Sues EPA Over Discipline of 139 Employees Who Signed a Dissent Letter

Worried About Retaliation or Being Targeted for Speaking Up?

If you’ve reported misconduct, safety concerns, discrimination, or waste/fraud/abuse—and now you’re seeing sudden schedule changes, bad performance reviews, or threats of discipline—you may be in whistleblower or retaliation territory.

We represent federal employees who:

• Reported concerns and then saw adverse actions

• Were sidelined, reassigned, or given impossible workloads after speaking up

• Face investigations, PIPs, or proposed removals that look like payback

• Need help navigating OSC complaints, EEO claims, or MSPB appeals tied to retaliation

A free, confidential consultation can help you sort out what’s normal agency behavior and what may cross the line—and what to do before your options narrow.

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Disclaimer:

This briefing is for general informational purposes only and does not constitute legal advice or create an attorney‑client relationship. Federal employment law is fact‑specific and time‑sensitive; you should consult a qualified attorney about your own situation and deadlines. Past results do not guarantee future outcomes.

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