From now on, though, the VA and other agencies won't have the option of simply overturning EEOC decisions. In July, the EEOC issued new regulations governing the federal complaint process that make the decisions of EEOC administrative judges final. Agencies will have to appeal to the EEOC to challenge the rulings. The change represents a considerable shift of control from agencies to the EEOC, something not all agency EEO officials are pleased about. That shift in power is just one part of an overall strategy EEOC unveiled in the new regulations to streamline the federal complaint process.
All parties agree the process takes too long.
In fact, it takes nearly five times as long from initial filing to completion of appeal to resolve a federal case as it does a private-sector case, notes EEOC Chairwoman Ida Castro. The parallel systems are governed by different regulations that have evolved over more than 30 years. For example, in federal cases, agencies conduct any necessary investigations, while in private sector cases, the EEOC as an independent third party does the job. Those inequities have bred a culture of distrust between federal workers and managers. Many employees feel agencies exploit the system by contributing to the delays and often spurning administrative judge decisions.