EEO Overhaul
The EEOC has proposed a significant overhaul to the decades-long process for resolving federal EEO complaints. This update breaks down the proposed changes and tells federal employees what to expect next.
The Equal Employment Opportunity Commission (EEOC) plans to revise the decades-old process for resolving federal EEO complaints.
In August, the EEOC issued a proposed rule to overhaul the EEO complaint process and invited public comment. (EEOC’s August 28, 2026 Proposed Rule) The comment period closed on September 28, 2026 with 2,324 comments. We can expect a final decision in the coming months.
What does the proposal say?
Most significantly, the proposal would:
(1) eliminate pre-complaint EEO counseling, and
(2) eliminate employees’ option to request a hearing before an administrative judge after filing an EEO complaint.
Without pre-complaint EEO counseling, the federal government would move to a direct filing system, and employees would simply have 60 days from the date of the alleged discriminatory act to file an EEO complaint with their agency. There would be no informal process to attempt resolution.
Without a hearing option, employees would no longer have a choice between a hearing or a final agency decision after filing an EEO complaint - it means a final agency decision for everyone. If an employee is unsatisfied with their final agency decision, they could appeal it to the EEOC and request a hearing at that time, but a hearing is not guaranteed. The EEOC would have the discretion to say no.
The EEOC states that these changes are proposed to “streamline processing” and “improve effectiveness.” For example, they claim that pre-complaint EEO counseling is ineffective and not proven to resolve cases, and the current EEOC hearing process takes too long.
This proposal has the potential to completely change the EEO game, and it is definitely one to watch.
Want to learn more?
A more in-depth look at the current, federal EEO complaint process can be found here.