EEOC Issues Updated Federal Sector Guidance

EEOC Issues Updated Federal Sector GuidanceRevised Management Directive 110 Provides Needed Clarity to Federal Equal Employment Opportunity Process

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today issued an update of its Management Directive 110 (MD-110). The revised MD-110 is available on the EEOC’s website at www.eeoc.gov/federal/directives/md110.cfm.

The new MD-110 provides federal agencies with updated Commission policies, procedures, and guidance relating to the federal sector complaint process as set forth in 29 C.F.R. Part 1614. This is the first major revision to MD-110 since 1999 and reflects new developments in case law, as the federal workplace and EEO practices have evolved. The revised directive also includes changes required after EEOC amended certain sections of the regulations governing the federal sector Equal Employment Opportunity (EEO) process in 2012.

“As the nation’s largest employer, the federal government must lead the way in ensuring equal employment opportunity for all of its workers,” said 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.”

The revised directive addresses several long-standing issues and concerns by:

Providing guidance about 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.
Clarifying the role and value of Alternative Dispute Resolution (ADR) in the federal sector process.

These and other revisions are the result of extensive interagency and public comment. In January 2014, the Commission approved the release of draft MD-110 revisions for interagency coordination under Executive Order 12067, with a 30-day review period followed by a 60-day public comment period. EEOC received more than 1,000 comments during the interagency process and nearly 250 comments during the public comment period.

“MD-110’s update should be very helpful as it provides a comprehensive overview of the federal administrative EEO complaint process including the enhancements, such as Commission approved pilots, which now will be possible.” said Carlton Hadden, EEOC director of the Office of Federal Operations.

EEOC enforces federal laws prohibiting employment discrimination. Further information about EEOC is available on its web site at www.eeoc.gov.