2/23/10: Last week, NTEU submitted these comments in response to the request of the Equal Employment Opportunity Commission (EEOC), which has proposed changes to its federal sector complaint processing regulations. NTEU made clear in the comments that it believes that more far-reaching reforms are necessary in the federal sector EEO process. Nevertheless, the Union generally support the changes proposed by the EEOC at this time, finding most of them to be improvements to the current regulations.

The changes addressed in the comments include a requirement that agencies provide employees with a notice if 180 days have elapsed without completion of the investigation. This notice is to remind employees of their right to request a hearing or file a lawsuit at that time. The EEOC also contemplates authorizing pilot projects for processing complaints, a proposal that NTEU supports if it is permitted to negotiate with the agency over the design of the pilot project. Other changes that we support include language explicitly requiring agency compliance with EEOC regulations, management directives, and bulletins; provision for electronic submissions (optional for employee documents); clarification on when decisions are final; and symmetry between the handling of class complaints and nonclass complaints. Finally, NTEU threw its weight behind proposals to clarify the unlawfulness of proposed or preliminary personnel actions taken in retaliation for protected activity.

The EEOC is required to consider these comments before issuing the regulations in final form.