EEOC Proposed Rule Change
01/09/2010
In an effort to improve the federal complaints process, the U.S. Equal Employment Opportunity Commission (EEOC) has published a proposed rule that seeks to make changes to the discrimination complaint regulations affecting federal employees.
The proposed changes represent consensus measures identified in the report of an internal federal sector work group run by Acting Chairman Stuart J. Ishimaru when he was an EEOC Commissioner. The changes include allowing agencies to conduct pilot projects for complaints processing, conforming the standard for bringing complaints of retaliation in the federal sector to private sector standards, and requiring agencies to notify complainants of their right to request a hearing when an agency investigation has gone on for more than 180 days.
"The federal EEO process is vital for government workers, who have fewer available remedies than private-sector workers," Ishimaru said, "and I'm pleased that we're moving forward on implementing some key improvements recommended by our workgroup."
Acting EEOC Vice Chair Christine M. Griffin added, "This is an important step in the Commission's ongoing efforts to make the complaints process more fair and equitable for federal employees."
The proposed regulations also authorize administrative judges to make final decisions on class complaints and provide for expedited processing of appeals from class certification decisions. Other changes include mandating agencies to comply with management directives and bulletins issued by the EEOC, and requiring agencies and encouraging complainants to submit filings electronically, to expedite the process and move from paper-intensive files.
Comments on the proposed rule are due by February 19, 2010. The EEOC says it will consider the comments it receives and may make changes based on those comments.
The proposed rule was published in the December 21, 2009 Federal Register, Vol. 74, No. 243, pp. 67839-67844. See attached proposals.
Timothy W. Foster, CFE CPA
Chief Steward – NTEU Chapter 305
525 S. Griffin Street, Suite 509
Dallas, TX 75202
Telephone 214-660-0108
Cell 214-287-9604
Fax 202-453-2905
"The federal EEO process is vital for government workers, who have fewer available remedies than private-sector workers," Ishimaru said, "and I'm pleased that we're moving forward on implementing some key improvements recommended by our workgroup."
Acting EEOC Vice Chair Christine M. Griffin added, "This is an important step in the Commission's ongoing efforts to make the complaints process more fair and equitable for federal employees."
The proposed regulations also authorize administrative judges to make final decisions on class complaints and provide for expedited processing of appeals from class certification decisions. Other changes include mandating agencies to comply with management directives and bulletins issued by the EEOC, and requiring agencies and encouraging complainants to submit filings electronically, to expedite the process and move from paper-intensive files.
Comments on the proposed rule are due by February 19, 2010. The EEOC says it will consider the comments it receives and may make changes based on those comments.
The proposed rule was published in the December 21, 2009 Federal Register, Vol. 74, No. 243, pp. 67839-67844. See attached proposals.
Timothy W. Foster, CFE CPA
Chief Steward – NTEU Chapter 305
525 S. Griffin Street, Suite 509
Dallas, TX 75202
Telephone 214-660-0108
Cell 214-287-9604
Fax 202-453-2905