EEOC Proposes Major Changes to the Federal-Sector EEO Complaint Process
On August 26, 2026, the U.S. Equal Employment Opportunity Commission released a proposed rule that would significantly revise the federal-sector EEO complaint process under 29 C.F.R. Part 1614.
If finalized, the proposal would change several long-standing features of the current process:
- Eliminate mandatory pre-complaint EEO counseling. Federal employees and applicants generally would be able to file a formal EEO complaint directly with their agency rather than first completing counseling and receiving a Notice of Right to File.
- Establish a 60-day filing period. Under the proposed direct-filing system, individuals generally would have 60 days from the alleged discriminatory matter to file a complaint.
- Change the administrative hearing process. Complainants would no longer have an automatic right to request a hearing before an EEOC Administrative Judge after the investigation. Instead, agencies generally would issue a Final Agency Decision (FAD), which could then be appealed to EEOC. EEOC could order an Administrative Judge proceeding on appeal when appropriate.
- Shorten the investigation period. Beginning January 1, 2028, agencies generally would have 135 days, rather than 180 days, to complete an investigation.
- Make Final Agency Decisions a more central part of complaint processing. Following completion of the investigation, agencies generally would be responsible for issuing a decision on the merits before the matter proceeds to EEOC on appeal.
- Revise mixed-case procedures. The proposal clarifies the interaction between the EEO process and MSPB jurisdiction and maintains a 120-day timeframe for agencies to investigate and issue a decision in mixed cases.
- Eliminate administrative adjudication of class complaints. Individuals could still raise allegations involving broader discriminatory policies or practices, but the current administrative class-complaint process would be discontinued. The proposal also provides mechanisms for coordinated processing of related individual complaints.
- Expand and clarify procedures for related and supplemented complaints. The proposed rules address how later allegations and related individual complaints may be processed together.
- Preserve Alternative Dispute Resolution. Although mandatory counseling would be eliminated, agencies would continue to make ADR available, and mediation or other early-resolution efforts could become an even more important part of the federal EEO process.
These changes would represent one of the most significant restructurings of the federal-sector EEO complaint process in years. Importantly, nothing has changed yet of of August 27, 2026. This is a Notice of Proposed Rulemaking. The existing requirements of 29 C.F.R. Part 1614 and EEOC Management Directive 110 remain in effect while the rulemaking process proceeds.
Once the proposal is formally published in the Federal Register, the public will have an opportunity to submit comments before EEOC considers whether to issue a final rule.
We will continue to follow the rulemaking process and provide updates as additional information becomes available.
Source: U.S. Equal Employment Opportunity Commission, Federal Sector Equal Employment Opportunity, RIN 3046-AB46, proposed revisions to 29 C.F.R. Part 1614.
📅 Published: August 27th, 2026
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