Equal Employment Opportunity Commission proposes overhaul of the federal employee discrimination complaint process
In short
- What changed
- The Equal Employment Opportunity Commission (EEOC) proposes to overhaul how federal agencies handle equal employment opportunity (EEO) complaints from their own employees and applicants. It would end mandatory counseling before a complaint, end automatic hearings before an administrative judge and administrative class complaints, and add Cummings Act notice, reporting and tracking duties.
- Who's affected
- Federal agencies as employers, and their employees and applicants. The proposal says it would not directly regulate private employers or state, local or tribal governments.
- What to do
- Nothing is required yet. Federal agency EEO, HR and legal teams can comment by September 28, 2026, and can start mapping which procedures, notices and systems would change. Private employers have no action under this proposal.
What changed
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From the sourceSUMMARY
The rule would end mandatory pre complaint counseling and remove the option to request administrative judge proceedings before a final agency decision.
The proposal would revise the federal-sector complaint rules in title 29 of the Code of Federal Regulations (CFR), part 1614. It would end mandatory pre-complaint counseling and remove the option to request an administrative judge hearing before the agency's final decision.
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From the sourceProposed 29 CFR 1614.106(b)
A complaint, amendment, or supplement to a complaint must be filed within 60 days of the date of the matter alleged to be discriminatory
Also: Proposed 29 CFR 1614.106(c)
it must contain sufficient factual allegations, accepted as true, to state a claim for relief that is plausible on its face
Employees and applicants would file a complaint directly with the agency within 60 days of the matter alleged to be discriminatory, and the complaint would have to state a plausible claim.
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From the sourceProposed 29 CFR 1614.108(e)(1)
the agency shall complete its investigation within 135 days of the date of filing of an individual complaint
Also: Proposed 29 CFR 1614.108(g)
The agency shall issue a final agency decision within 30 days of the record closing.
Agencies would have to finish investigations within 135 days of filing (180 days for complaints filed before January 1, 2028) and issue a final agency decision within 30 days after the record closes.
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From the sourceProposed 29 CFR 1614.406(a)
A complainant or other aggrieved individual is not automatically entitled to a hearing or any other proceedings before an administrative judge.
Also: Proposed 29 CFR 1614.406(b)
may refer the appeal, or one or more claims or issues in the appeal, to an administrative judge when the Commission determines that such proceedings are necessary or efficient to resolve the appeal.
Complainants would no longer have an automatic right to an administrative judge hearing. The EEOC could refer a case to an administrative judge during an appeal when it finds that necessary or efficient.
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From the sourceProposed 29 CFR 1614.204(a)(2)
Subject only to paragraph (b) of this section, which permits assertion of a putative class claim for administrative exhaustion purposes only, no complaint may be filed, maintained, certified, processed, adjudicated, resolved, appealed, or enforced as a class complaint under this part.
Administrative class complaints would end. A complainant could still raise a putative class claim to preserve it for a later lawsuit, and related individual complaints could be processed together.
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From the sourceProposed 29 CFR 1614.706(a)
Not later than 90 days after a final finding of discrimination or retaliation, the head of the agency subject to the finding shall post a notice on the agency's public website
Also: Proposed 29 CFR 1614.706(a)
The notice must remain posted for not less than one year.
Under the Cummings Act, an agency would have to post a public notice of a final finding of discrimination or retaliation within 90 days and keep it posted for at least one year.
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From the sourceSupplementary Information, II.E. Cummings Act Implementation
Not later than 120 days after an agency takes final action, or receives a final Commission decision, involving a finding of discrimination or retaliation, the agency must submit a report to the Commission
Also: Proposed 29 CFR 1614.706(d)
Each agency shall maintain a system to track each complaint of discrimination or retaliation adjudicated through the EEO process from the filing of the complaint through resolution.
Also: Proposed 29 CFR 1614.706(e)
the agency shall, after all appeals relating to that action have been exhausted, include in the employee's personnel record a notation of the adverse action and the reason for the action.
Agencies would report to the EEOC within 120 days of a final finding whether discipline has been proposed. They would also track each complaint from filing to resolution and note certain adverse actions in the employee's personnel record.
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From the sourceProposed 29 CFR 1614.704(a)
No later than 30 days after the end of each fiscal quarter, each agency shall post on its public website the following cumulative current fiscal year data regarding complaints filed under this part.
Agencies would post cumulative complaint data on their public websites no later than 30 days after the end of each fiscal quarter.
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From the sourceProposed 29 CFR 1614.102(b)(4)
The EEO Director shall report directly to, and be under the immediate supervision of, the agency head.
The agency EEO Director would have to report directly to the agency head.
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From the sourceProposed 29 CFR 1614.102(a)(9)
Provide reasonable accommodation to qualified applicants and employees for pregnancy, childbirth, or related medical conditions as required by the Pregnant Workers Fairness Act
Also: Section-by-Section Analysis, Section 1614.203
require the denial notice to explain that the individual may file a complaint
Agency EEO programs would expressly include reasonable accommodation for pregnancy, childbirth or related medical conditions under the Pregnant Workers Fairness Act. Reasonable accommodation denial notices would explain how to file a complaint instead of pointing to counselor contact.
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From the sourceProposed 29 CFR 1614.109(a)
After a written complaint has been filed, the agency may serve a written offer of resolution on the complainant at any stage of administrative processing.
Also: Proposed 29 CFR 1614.501(e)(9)
Fee matrices, including fee matrices for attorney work in general, matrices for employment litigation, and fee matrices for work on complex litigation, are disfavored and are not presumptively reasonable.
Agencies could make written settlement offers at any stage. Attorney fee rules would be rewritten, and outside fee matrices would be disfavored.
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From the sourceProposed 29 CFR 1614.403(g)
Agencies and appellants are required to submit complaint files, investigative files, final agency decisions, requests for administrative judge proceedings, appeal briefs, and other filings to the Office of Federal Sector in a digital format acceptable to the Commission, absent a showing of good cause.
Appeal records and filings would be submitted digitally unless there is good cause not to.
Who is affected
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From the sourceV.B. Regulatory Flexibility Act
It would apply to Federal agencies and to Federal employees and applicants for Federal employment.
The proposal would apply to federal agencies and to federal employees and applicants for federal jobs.
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From the sourceProposed 29 CFR 1614.702(a)
Agency or Federal agency means an Executive agency as defined in 5 U.S.C. 105, the United States Postal Service, the Postal Regulatory Commission, and any other entity covered by this part.
Covered agencies include executive agencies, the United States Postal Service, the Postal Regulatory Commission and other entities covered by part 1614.
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From the sourceV.A. Regulatory Review
It would not directly regulate private employers, consumers, markets, or State, local, or Tribal governments.
The proposal would not directly regulate private employers or state, local or tribal governments.
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From the sourceProposed 29 CFR 1614.702(o)
Subordinate component means any organizational subunit directly below the agency or department level that has 1,000 or more employees
Agency subunits with 1,000 or more employees would need separate complaint data postings.
What it means in practice
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From the sourceIV.B. Costs
The Commission preliminarily estimates the proposed rule would result in approximately $16.1 million in one-time transition costs and approximately $9.2 million in annual recurring costs
The EEOC estimates about $16.1 million in one-time transition costs and about $9.2 million in annual recurring costs, before savings.
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From the sourceIV.B. Costs
These costs include rule familiarization, revision of procedures and templates, training, information-technology and website updates, Cummings Act reporting setup, and limited organizational adjustments.
Agency transition work would include rule review, revised procedures and templates, training, technology and website updates, and Cummings Act reporting setup.
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AmendSignal analysisIV.B. Costs
The largest estimated recurring cost is $5,348,525 for incremental final agency decision preparation in cases that otherwise would have entered the automatic administrative judge process.
Agency EEO offices would likely carry more decision-writing work, since the final agency decision would become the normal end point for complaints that now go to an administrative judge.
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AmendSignal analysisV.E. Unfunded Mandates Reform Act
It would not impose enforceable duties on State, local, or Tribal governments or on the private sector.
Private-sector employers should see no direct cost or new duty from this proposal.
What to do
Required
This is a proposed rule, so it creates no requirements yet. If finalized, the duties it describes would fall on federal agencies, not private employers.
Worth considering
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AmendSignal suggestionADDRESSES
You may submit comments for this proposed rule within the Federal eRulemaking Portal at https://www.regulations.gov/.
Also: DATES
Comments must be received on or before September 28, 2026.
Federal agencies could consider submitting comments on the proposal, including on transition rules for pending complaints, through regulations.gov.
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AmendSignal suggestionProposed 29 CFR 1614.106(e)
The agency shall acknowledge receipt of a complaint in writing and inform the complainant of the date on which the complaint was filed.
Also: Section-by-Section Analysis, Section 1614.203
require the denial notice to explain that the individual may file a complaint
Consider listing the complaint procedures, acknowledgment letters and reasonable accommodation denial notices that would need rewriting if the rule is finalized.
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AmendSignal suggestionProposed 29 CFR 1614.102(b)(4)
The EEO Director shall report directly to, and be under the immediate supervision of, the agency head.
Consider checking whether your agency EEO Director reports directly to the agency head, as the proposal would require.
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AmendSignal suggestionProposed 29 CFR 1614.706(d)
Each agency shall maintain a system to track each complaint of discrimination or retaliation adjudicated through the EEO process from the filing of the complaint through resolution.
Also: Proposed 29 CFR 1614.704(a)
No later than 30 days after the end of each fiscal quarter, each agency shall post on its public website the following cumulative current fiscal year data regarding complaints filed under this part.
Consider reviewing whether complaint tracking systems and public website pages could support the proposed tracking, notice and quarterly data posting duties.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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How would complaints, hearing requests, appeals and class complaints already pending be handled if the rule is finalized?
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Which provision would limit attorney fees after a complainant rejects a valid offer of resolution?
History
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Federal Sector Equal Employment Opportunity Source (opens in a new tab)