08/26/2026
The Commission voted 2–1 (Lucas and Panuccio yes, Kotagal no) to issue an NPRM overhauling the entire federal-sector EEO complaint process under 29 C.F.R. Part 1614. The headline changes: pre-complaint counseling is eliminated in favor of direct filing, with 60 days from the discriminatory event to file with the agency (Kotagal contrasted this with 300 days for private-sector workers and 180 for legislative-branch employees, and flagged a federal-court plausibility pleading standard at filing); the hearing election model is replaced with a hearing referral model — the agency must issue a prompt FAD, the complainant appeals to the renamed Office of Federal Sector, and OFS decides whether an AJ hearing is warranted, with no right to discovery; FADs would no longer need merits findings on each issue; and the EEOC would stop adjudicating class complaints entirely (prospective only — pending classes unaffected). Lucas's framing for the majority: successful complainants wait an average of 962 days before AJs, only 4.9% of FY2025 resolutions involved an actual hearing, and none of this touches statutory rights since hearings, counseling, and class procedures are "creatures of regulatory creation."