EEOC Proposes Major Changes to Federal Employee Discrimination Complaints

Federal employees could soon face major changes to how they file and pursue discrimination complaints against their agencies.

In a 2-1 vote on party lines, the Equal Employment Opportunity Commission’s (EEOC) Republican majority voted to approve a proposed rule that changes regulations governing the processing of federal worker discrimination complaints.

Hearing, Counseling, Class Action Changes

Under the proposal, federal employees would no longer have an automatic right to a hearing before an administrative judge. Instead, hearings would be considered on a case-by-case basis, with the EEOC’s Office of Federal Sector determining whether to refer a dispute for a hearing. 

The proposal would also eliminate the EEOC's federal-sector class-action process, with the commission saying federal courts are better equipped to handle large group complaints. Republicans on the commission say the change is necessary due to staffing concerns. 

“EEOC is an agency of, even at its maximum, around 2,000 employees. And of that base, we range from 70 to 130 AJs, and yet we have responsibility for approximately two million workforce,” said EEOC Chair Andrea Lucas.

The proposal would also require federal employees to file their complaints directly with their agency and eliminate mandatory pre-complaint counseling. The EEOC notes that mandatory counseling has a low settlement success rate and “does not justify its substantial burdens.”

Supporters and Critics

Chair Andrea Lucas and fellow Republican Commissioner Brittany Panuccio say the changes are needed to streamline the complaint process and speed up processing.

For example, from fiscal years 2021 to 2025 complaints took an average of 442 days from docketing the hearing request to a decision by the administrative judge.

“Employees can use lengthy and complex administrative judge proceedings to evade performance accountability and stymie routine performance personnel and actions that have no plausible link to unlawful discrimination,” said Chair Lucas.

The lone Democrat on the commission, Kalpana Kotagal, voted against the proposal saying that while the current process has flaws, the changes would unfairly target federal workers.

“Unfortunately, I believe the proposed changes will only exacerbate problems. The EEOC’s proposal will make it harder for federal employees to challenge discrimination and easier for agencies to evade responsibility,” said Kotagal.

For example, Commissioner Kotagal pointed out that eliminating hearings would mean that federal employees would not have the same right to discovery, limiting their ability to obtain relevant documents and other evidence from the agency.

The EEOC notes that the proposed rule is prospective and does not impact claims already being processed.

Comments must be received on or before September 28, 2026.