Draft Rule to Codify EEO E-Filing Options for Public, Private Sector Employees
The Equal Employment Opportunity Commission (EEOC) published a draft rule this week in the Federal Register regarding its procedures governing document transmission. The rule would increase complainants’ ability to submit claims through the agency's electronic portals and eliminate duplicative communications when the parties have chosen to opt out of paper-based communications.
The agency last updated its electronic regulations in 2012, requiring agencies to submit complaint files and appeals digitally. However, in the decade since then, EEOC has developed two distinct versions of software to facilitate the exchange of documents between parties alleging discrimination and the agency. The Federal Sector EEO Portal (FedSEP) is a portal available exclusively to federal agencies and employees. Conversely, the Public Portal (PP) is intended for the private sector.
"The revisions proposed herein recognize the increased use of technology by the Commission, federal sector complainants, and agencies, by explicitly providing for digital transmission of complaint files, hearing requests, and associated hearing documents, appeals, briefs, and Commission decisions. In addition, the proposed revisions represent the Commission’s commitment to expanding its use of technology and improving its service to the public,” the rule explains.
The rule would also encourage complainants and agencies using the portals to increase use of digital files rather than paper files.
“Should this proposed rule become final, the commission will notify complainants with registered portal accounts that they will be able to access documents, orders, and decisions from the commission only via the portal. If, in response, a registered complainant informs the commission that the complainant would prefer receipt through first class mail, the commission will communicate with the complainant using first class mail,” the draft rule reads.
In using the proposed rule, the EEOC and complainants can exchange documents digitally through the two portals. In instances where an individual has not already signed up for one of the portals or has indicated that they prefer printed documents, the EEOC must continue to send documents via first class mail.
The Commission is particularly interested in comments on whether the final rule should address the date that commission decisions transmitted through the portal are considered received. Alternatively, receipt of a commission decision may be deemed to occur when the complainant accesses the decision for the first time, or within five days from the date it is uploaded to the portal.
The proposed regulations are open for comments through November 26, 2022.
