The U.S. Equal Employment Opportunity Commission (EEOC) is proposing sweeping changes to the process federal employees and job applicants use to pursue workplace discrimination complaints, arguing that the existing system has become too slow, complicated, and burdensome.

The Aug. 26 proposal would revise the federal-sector equal employment opportunity rules under 29 C.F.R. Part 1614, which govern discrimination complaints against federal agencies. The changes would not affect the EEOC charge process for private-sector employees and employers.

“The internal complaint process for federal employees and applicants is supposed to provide a swift, informal path to resolution. But the current system is deeply broken,” EEOC Chair Andrea Lucas said in announcing the proposal. She said the changes are intended to make the process “faster, fairer, and more straightforward.”

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Eliminating Mandatory Counseling

One of the most significant changes would eliminate mandatory pre-complaint EEO counseling. Currently, federal employees and applicants generally must contact an agency EEO counselor within 45 days of an alleged discriminatory action. Counseling ordinarily must be completed within 30 days, although alternative dispute resolution (ADR) can extend that period. Only after that process may an individual file a formal complaint with the agency.

Under the proposed rule, employees could instead file complaints directly with...

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