On August 28, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) published a proposed rule that would substantially revise the federal-sector EEO complaint process under 29 C.F.R. Part 1614—the regulations governing how discrimination and retaliation complaints by federal employees and applicants are filed, investigated, and decided.

The proposed rule, which is not yet final (comments are due by September 28, 2026) would apply only to federal agencies, their employees, and applicants. The EEOC charge process for private-sector, state, and local government employers would not be affected.

Under the new rule

• Direct filing would replace mandatory EEO counseling.
• The employing federal agency, rather than an EEOC administrative judge, would make the initial decision on the merits of a complaint.
• Administrative judge proceedings would become discretionary.
• Administrative class complaints would be eliminated, and the EEOC would no longer certify or adjudicate classes, provide class notice, approve class settlements, or award relief to absent individuals.
• Complaints would need to allege a plausible claim and contain enough factual detail to support it.
• Settlement offers could limit attorney-fee recovery, and attorney fee requirements would become more detailed, with more specific standards for billing records, reasonable hours and rates, and fee reductions for unsuccessful or partially successful claims.
• Transparency and accountability requirements would be expanded in several areas, including public disclosure, disciplinary reporting, complaint tracking, and others.

For a more detailed explanation of these proposed changes and what the EEOC rule would mean for employers, we encourage you to read the full legal update.