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EEOC Owes Docs in Class Action Freeze Case, Union Says

Law360 Employment Authority

November 3, 2026

The U.S. Equal Employment Opportunity Commission won’t say how it complied with its chief judge’s order for the agency to stop processing class actions by federal workers, the American Federation of Government Employees claimed, asking a D.C. federal judge to compel the agency to divulge.

AFGE said Monday that it’s entitled to the information as part of the discovery process in its lawsuit against the EEOC, which accuses the agency of violating the Administrative Procedure Act by issuing an unreasonable order. After denying the existence of the Dec. 5 order, the EEOC switched gears and said that yes, the order existed, but the chief judge went rogue in issuing it, and the EEOC didn’t know about it.

With that admission in hand, AFGE said the EEOC owes it copies of any agency communications related to carrying out the order. The union asked U.S. District Judge Colleen Kollar-Kotelly to compel the agency to provide complete responses to several of its questions and requests for material, as the agency has not fully cooperated during the discovery process.

Read EEOC Owes Docs in Class Action Freeze Case, Union Says.