September 16, 2026
Evidence is mounting that the EEOC began winding down existing federal sector class discrimination cases even before initiating rulemaking that would eliminate such complaints entirely.
A federal employee union alleged that the EEOC quietly issued a “suspension directive” to pause cases as early as December 2025, and the EEOC also abruptly decertified the classes in two longstanding disability and racial discrimination cases.
The EEOC said it’s getting rid of class cases as part of its overhaul of the federal sector process because the cases require extensive time and resources, but attorneys for government workers are concerned that their elimination will push workers to the federal courts.
Evidence is mounting that the EEOC began winding down existing federal sector class discrimination cases even before initiating rulemaking that would eliminate such complaints entirely.
A federal employee union alleged that the Equal Employment Opportunity Commission quietly issued a “suspension directive” to pause cases as early as December 2025. The EEOC also abruptly decertified the classes in two longstanding disability and racial discrimination cases, and overturned a ruling in a third, bringing them to a close.
“I don’t think these are just coincidences,” said Joseph Sellers, founder and partner at plaintiff’s firm Cohen Milstein Sellers & Toll LLP, which represents the union. “They are trying to get out of the business of engaging in, challenging, and even providing a forum for challenging systemic discrimination.”
Administrative class complaints have long been regarded as an essential tool to address systemic discrimination in the federal workforce. Attorneys for government workers are concerned that their elimination will push workers to the federal courts, where litigation is costly and caseloads are heavy.
. . .
“I expect that if they are intending to leave the class claims area, that they hope to wind down the remaining class claims as soon as possible,” Sellers said.
Read EEOC Pulled Back from Federal Worker Classes Before Proposed Ban.