The Equal Employment Opportunity Commission is adjusting its deadlines for federal employees pursuing discrimination complaints before the agency due to the government shutdown.
EEOC announced it has tolled, or paused, all federal sector complaint processing timelines that occurred during the government shutdown, which lasted from Oct. 1 to Nov. 12. Consequently, all applicable complaint processing timelines – including those pertaining to EEO counseling, investigations, and the issuance of Final Agency Decisions – have been extended by 43 calendar days.
Likewise, EEOC will extend by 43 calendar days all timelines applicable at the hearings and appeals stages that fell within the shutdown period. This includes deadlines for filing motions, responses or replies to motions and responses, responses to notices or orders issued by an administrative judge, discovery requests and responses, notices of appeal, submission of appellate briefs, and requests for reconsideration.
Here are some examples of how the timeline extensions will work:
All timelines resumed upon the reopening of the federal government and shall be extended only by the total number of calendar days corresponding to the duration of the shutdown. All time limits also are still subject to extension upon a showing of “good cause” for a party’s failure to meet the initial deadline, consistent with 29 C.F.R. § 1614.109(f)(3), when appropriate, and are still subject to the normal grounds for waiver, estoppel and equitable tolling pursuant to 29 C.F.R. § 1614.604(f) when appropriate.
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