09/08/2026
The EEOC has published a Notice of Proposed Rulemaking that would substantially revise the regulations governing how federal employees and applicants bring discrimination and retaliation claims.
Among the most significant changes: eliminating mandatory pre-complaint EEO counseling, replacing the current automatic right to a hearing before an administrative judge with a discretionary EEOC referral process available only on appeal, and ending administrative class complaint adjudication. The rule also implements new reporting and transparency requirements.
The public comment period is open now through September 28, 2026, a narrow window given the scope of what's being proposed.
We encourage federal employees, agency EEO practitioners, and anyone working in this space to read the proposal carefully and strongly suggest submitting comments before the deadline. We also suggest everyone file a comment proposing that the comment period be extended by 30 days. You can leave more than one comment.
Comment here: https://www.regulations.gov/document/EEOC_FRDOC_0001-0365
Read the proposed rule here:https://www.eeoc.gov/sites/default/files/2026-08/%28OLC_to_Exec_Sec_8.26.26_FR%29_NPRM_29_CFR_part_1614_508.pdf