The Equal Employment Opportunity Commission last week announced a plan to give its judges more power over discrimination cases involving federal employees by stripping agencies of their authority to make final decisions in cases brought against them.
The plan, which the EEOC developed in response to complaints by federal agencies, employees and civil rights groups that the federal discrimination complaint process is unfair and inefficient, would also speed up the system and require agencies to offer employees alternatives to costly and time-consuming litigation. Nicholas Inzio, deputy legal counsel at the EEOC, said the plan would be the biggest reform of the federal EEO complaint process in five years.
The most significant change envisioned by the EEOC would eliminate agencies' power to make final decisions in discrimination cases that are being heard by EEOC judges. Currently, agencies can ignore or reverse EEOC judges' decisions. But the EEOC says agencies have abused their power. While agencies reverse decisions favorable to them only one-tenth of one percent of the time, they reverse decisions against them 62.7 percent of the time.
Under the EEOC plan, agencies would be bound by judges' decisions.
"This will dramatically enhance both the integrity and efficiency of the system by removing the opportunity for agencies to second-guess neutral decision makers who have ruled against them," the EEOC said.
In addition, the EEOC would force both parties in a case to comply with judges' orders during a trial, which agencies and complainants frequently ignore. Inzio said he expects agencies would abide by EEOC judges' orders, but added that "an administrative judge can use sanctions" against agencies if they do not comply.
The plan would also require agencies to develop alternative dispute resolution (ADR) programs, in which complainants and their managers go through mediation and arbitration instead of litigation. Many agencies have already started ADR programs. Under the EEOC plan, all agencies would be required to offer complainants the ADR option before they file a formal complaint.
To speed up discrimination cases after they reach the EEOC, the plan would eliminate a party's right to appeal an EEOC decision back to the commission. Parties would instead appeal EEOC decisions directly to the U.S. District Court.
EEOC's plan was developed by employees from throughout the agency. The group consulted federal employees, managers, unions and civil rights groups, Inzio said. He said proposed regulations would be issued in the Federal Register in a few months.
The plan would reform regulations EEOC issued in 1992. Inzio said the proposed changes are within the commission's authority and do not require legislation.
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