Federal Sector EEO Guidance Updated
The EEOC has updated its Management Directive 110, which now provides federal agencies with updated Commission policies, procedures, and guidance on the federal sector complaint process as set forth in 29 C.F.R. Part 1614. The update, which is the first major revision to MD 110 since 1999, reflects new developments in case law as the federal workplace and EEO practices have evolved. The revised directive also includes changes consistent with those made when the EEOC amended certain sections of the regulations governing the federal sector EEO process in 2012.
The EEOC noted that the revised guidance addresses long-standing issues and concerns by:
- Providing guidance on conflicts of interest or the appearance of conflicts that can occur when EEO or senior-level agency officials are named in complaints;
- Setting forth procedures for agencies to seek EEOC approval to conduct pilot projects in which the complaint processing procedures vary from the regulatory requirements of 29 C.F.R. Part 1614; and
- Clarifying the role and value of alternative dispute resolution in the federal sector process.
The Commission said that these and other revisions are the result of extensive interagency and public comment. Following the Commission’s approval of draft MD 110 revisions in January 2014 for interagency coordination under Executive Order 12067 (with a 30-day review period), there was a 60-day public comment period. The EEOC received more than 1,000 comments during the interagency process and nearly 250 comments during the public comment period.
“As the nation’s largest employer, the federal government must lead the way in ensuring equal employment opportunity for all of its workers,” remarked EEOC Chair Jenny R. Yang. “EEOC’s Management Directive 110 provides vital guidance on equal employment opportunity policies and procedures to federal agencies. Revisions to Management Directive 110 bring it in line with current case law and practice and strengthen our ability to protect the rights of workers under federal EEO statutes.”
Reposted with permission from Wolters Kluwer.
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