EEOC proposes rule stripping federal workers of hearing rights and class actions
The EEOC voted 2-1 to propose eliminating federal employees’ right to a hearing before an administrative judge and ending EEOC-handled class actions, with public comments due by Sept. 27.
In a 2-1 vote, the Equal Employment Opportunity Commission approved a proposed rule that would overhaul the process for federal employees to file discrimination complaints. The plan eliminates the current pre-complaint counseling phase, requiring complaints to be filed within 60 days of the alleged incident, and transfers the authority to grant hearings to the EEOC’s Office of the Federal Sector, which may demand a justification.
The proposal also removes discovery and ends EEOC consideration of class actions, obliging workers to exhaust individual avenues before pursuing a class suit in court. Republican members Andrea Lucas and Brittany Bull Panuccio contend the reforms are needed to curb lengthy, meritless cases and reduce average two-year wait times for relief. Democratic commissioner Kalpana Kotagal argues the changes “kneecap” federal workers and risk leaving complaints unresolved.
Legal experts question the practicality of the new screening timeline and the loss of discovery. The public can submit comments for 30 days, with a deadline of Sept. 27.
Why it matters
The rule could dramatically limit federal workers' ability to challenge workplace discrimination and affect how class actions are pursued.
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