Proposed Rule Would Strip Federal Employees of Automatic Right to Neutral Judge

The Trump administration has drafted regulations that would eliminate the automatic right of federal and D.C. employees to request a hearing before a neutral EEOC administrative judge when alleging workplace discrimination. Under the proposal, the employer agency would first investigate and decide the case, with the EEOC able to refer it to a judge only if it deems the appeal necessary or efficient. Civil-rights leaders contend this arrangement pits agencies against the workers they are accused of mistreating, creating a clear conflict of interest.

FY 2021 figures show that administrative-judge decisions accounted for over half of the discrimination findings that year. The rule could delay relief for employees, especially in cases where agencies miss investigation deadlines, and may discourage filing of claims due to higher costs and uncertainty. Critics, including AFGE’s civil-rights vice president Kendrick Roberson, view the change as an attack on the protections of the 1964 Civil Rights Act.