EEOC seeks comment on proposed directive on federal sector process

The EEOC has asked for public comments to its proposed revised management directive in federal sector proceedings. The EEOC acts as an adjudicator for federal sector claims. From the press release,

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it is seeking public comment on significant revisions to Management Directive 110 (MD-110), which provides federal agencies with EEO policies, procedures and guidance related to the newly revised 29 C.F.R. Part 1614 (federal sector EEO regulations). The full text of the proposed revisions is available on the Regulation.gov website at http://www.regulations.gov/#!docketDetail;D=EEOC-2014-0001.

These revisions represent the first major changes to MD-110 since 1999; they can be categorized into three areas:

1. Implementation of Revised Regulations:
   • new procedures for agencies to submit, and the EEOC to approve, requests to conduct pilot projects for processing complaints in ways other than those prescribed in Part 1614;
   • revised procedure making an administrative judge's decision on the merits of a class complaint a final decision;
   • a new compliance section;
   • updated retaliation language in the dismissal section;
   • notice to complainant when an agency is untimely in completing an investigation; and
   • information on digital filings of appeals and complaint files.
2. Conflict of Interest:
   • addressing EEO director reporting relationship;
   • EEO and HR conflicts;
   • complaint processing of matters involving EEO officials or high-level agency officials; and
   • conflicts between agency legal and EEO programs.
3. General Updates & Clarification:
   • revisions to the remainder of MD-110 to reflect current policies, procedures, laws and case precedents.

These revisions are a part of the EEOC's ongoing efforts to improve the federal sector process. The agency encourages interested parties to review these proposed changes and provide feedback for EEOC consideration. The agency specifically urges stakeholders to provide feedback on the conflict-of-interest section, as this is the EEOC's first attempt to provide clarity in this area, and stakeholder input will be valuable in determining the final approach.

Public comments on revisions to MD-110 should be provided through Regulation.gov (http://www.regulations.gov/#!docketDetail;D=EEOC-2014-0001) no later than April 25, 2014 for appropriate consideration.

Further information about EEOC is available on its website www.eeoc.gov. The EEOC's Office of Federal Operations also maintains a Twitter handle @EEOC_OFO for general news and information updates.

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