Federal EEO Process Changes: What the EEOC Is Proposing
The EEOC has published a proposed rewrite of the federal EEO process. Current Part 1614 procedures still govern today—but future filing, evidence development, and Administrative Judge access could change.
Current as of September 4, 2026: the NPRM was published August 28 at 91 Fed. Reg. 55,690; comments are due September 28. It asks for comment on transition rules for matters pending when a final rule takes effect. Shaun Southworth and Lydia Taylor trace the 150-page Commission draft through one hypothetical nonselection case.
In this episode:
The Docket
- The Commission voted 2–1 to issue the proposal. It is not final and has not changed current procedures; transition rules for pending matters remain open.
- Commissioner Kalpana Kotagal moved for a 60-day comment period; no commissioner seconded the motion. The published deadline is September 28.
The Case File: Federal EEO Process Changes
Today, a federal employee generally starts by contacting an EEO counselor within 45 days. The proposal would generally replace mandatory counseling with a signed written complaint due within 60 days and require facts making the claim plausible. Shaun and Lydia explain why an employee should file on time without inventing missing facts, preserve everything submitted to the investigator, and report new workplace events promptly.
They also examine the proposal’s largest procedural shift: the agency would ordinarily decide first, while the Commission would decide whether to refer issues for Administrative Judge proceedings. Hearings and discovery could still happen, but access and scope would depend on the referral and authorized proceedings.
Ask Shaun & Lydia Anything
- “What happens to my ongoing case?”
- “Should employees who have reasonable accommodations worry?”
Chapters:
00:00:00 — Cold Open: 30 Days for 150 Pages
00:03:45 — The Docket: EEOC's Proposed Rewrite
00:13:40 — The Case File: The Front Door
00:20:45 — A Thick File Can Still Be Incomplete
00:24:30 — Who Gets an Administrative Judge?
00:29:10 — Later Events and Filing Deadlines
00:32:40 — Class Actions and Federal Court
00:37:15 — What Better Reform Would Look Like
00:42:50 — Public Comment and What Comes Next
00:45:20 — Ask Shaun & Lydia: Current Cases
Resources mentioned:
- Southworth PC’s EEOC proposal resources and public-comment guide: https://fedlegalhelp.com/EEObreakdown
- Current-client FAQ: https://fedlegalhelp.com/clientEEOupdate
- Prospective-client and intake FAQ: https://fedlegalhelp.com/intakeEEOupdate
- Published NPRM (91 Fed. Reg. 55,690): https://www.federalregister.gov/documents/2026/08/28/2026-17641/federal-sector-equal-employment-opp…
- Submit a public comment: https://www.regulations.gov/commenton/EEOC-2026-0067-0002
- Episode 3, the current federal EEO complaint process: https://civil-rights-for-feds.captivate.fm/episode/federal-eeo-complaint-process
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