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Thursday, November 20, 2025

The EEOC's Out-of-Office Message: What It Means For Employers - Employee Rights/ Labour Relations - United States - Mondaq

Seyfarth Synopsis: Thirty days into the Federal government shutdown, few personnel of the U.S. Equal Employment Opportunity Commission ("EEOC") are available and operations have been slashed.

Seyfarth Synopsis: Thirty days into the Federal government shutdown, few personnel of the U.S. Equal Employment Opportunity Commission ("EEOC") are available and operations have been slashed. However, this does not mean that employers can put aside all EEOC-related concerns until the government opens again. New charges continue to be filed—though employers remain in the dark about the content or volume of potential claims—and deadlines continue to apply. While this pause may feel like a temporary reprieve, it is important for employers to stay alert and consider how their charge activity will be impacted by a continued shutdown.

The EEOC's Contingency Plan

The EEOC published a contingency plan to be implemented in the event of a shutdown. Per the plan, nearly 93% of its workforce has been furloughed, and the EEOC has suspended all "nonessential" functions, significantly curtailing its operations. These "nonessential" functions include investigations into discrimination charges, as well as mediations, hearings, and outreach and education events. Likewise, Freedom of Information Act requests will not be processed, public inquiries will not be responded to, and the agency will not file new cases or litigate—except in instances where no stay or extension has been granted by the court for...



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