EEOC Issues Final Rule Revising Federal Sector Equal Employment Opportunity Complaint Process
Wednesday, July 25, 2012

The U.S. Equal  Employment Opportunity Commission (EEOC) today issued a final rule modifying  certain aspects of the complaint process that is used by federal employees and  applicants who believe they have been subjected to prohibited employment  discrimination by federal agencies.  The  final rule was coordinated with other federal agencies and reviewed by the U.S.  Office of Management and Budget.  The rule was posted for public  inspection today and will be published in the Federal Register on Wednesday,  July 25, 2012.

The final rule contains a number  of key revisions to 29 CFR Part 1614 (“Federal Sector Equal Employment  Opportunity”):

  • As  part of the EEOC’s authority to review agency programs for compliance with EEOC  directives and guidelines which promote equal employment opportunity in the  federal workplace, the EEOC can issue notices to agencies when non-compliance  is found and not corrected.
  • Agencies  can seek approval from the EEOC to conduct pilot projects in which the  complaint processing procedures vary from the requirements of Part 1614.
  • A  complaint which alleges that a proposal or preliminary step to taking a  personnel action is discriminatory can be dismissed unless the complainant  alleges that the proposal is retaliatory.
  • An  agency that has not completed its investigation in a timely manner must inform  the complainant in writing that the investigation is not complete, provide an  estimated date of completion, and remind the complainant that he or she has a  current right to request a hearing or file a lawsuit.
  • An  administrative judge’s decision on the merits of a class complaint is a final  decision, rather than a recommended decision, which an agency can implement or  appeal.
  • Agencies  must submit appeals and complaint files to the EEOC in a digital format, unless  they can establish good cause for not doing so.   Complainants are encouraged to submit digital filings.

Major revisions to the federal sector EEO complaint process were last  implemented in 1999.  Since then, in  response to stakeholder dissatisfaction with certain elements of the process, the EEOC has held a public meeting on federal sector reform.  It also established a Commissioner-led Federal  Sector Workgroup to obtain suggestions for reform from complainants, agencies,  unions, civil rights groups, and other stakeholders.  This final rule is a product of the recommendations  of the workgroup and the comments the EEOC received from the public and during  the inter-agency coordination process.  The  Commission will revise Management Directive 110 to provide additional guidance  regarding the changes made by the final rule and will continue to assess the  federal sector EEO complaint process with a view to further improvements.

 

NLR Logo

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins

 

Sign Up for e-NewsBulletins