EEOC Complaint Stalled? What Federal Employees Need to Know About the Government Shutdown Timeline
- InformedFED Chief
- Nov 2
- 3 min read
BULLETIN
A government shutdown throws a wrench into the machinery of federal agencies, and for a federal employee pursuing an Equal Employment Opportunity Commission (EEOC) complaint, the impact can be frustrating. Your case, which already moves slowly, may suddenly hit an indefinite pause.
This post answers the most critical questions about the EEOC complaint timeline during a government shutdown and how the agency has traditionally managed the resulting backlog.
Key Takeaway: Expect an Immediate Halt to All Case Activity
If the federal government enters a lapse in appropriations (a shutdown), the EEOC furloughs nearly all non-essential staff, including investigators, Administrative Judges (AJs), and support personnel. This means your case will essentially stop dead in its tracks.
What Happens to My Pending EEOC Complaint Stalled During a Shutdown?
1. Are Hearings, Mediations, and Status Conferences Cancelled?
YES. All scheduled federal sector proceedings—including hearings before an Administrative Judge, pre-hearing status conferences, and all forms of mediation or settlement discussions—are immediately cancelled.
The agency's contingency plan mandates that these non-essential functions cease. You will not receive a new date until the EEOC fully reopens.
2. Does the Investigation Stop?
YES. If your complaint is in the investigative stage, the process will halt. EEOC Investigators and federal EEO staff are typically furloughed and cannot conduct interviews, gather evidence, or issue reports.
3. What About Case Deadlines? Are They Extended?
Generally, yes, deadlines are tolled (suspended).
Deadlines for Proceedings: Deadlines set by an AJ for discovery, motions, or responsive filings are automatically extended by the number of calendar days the government is shut down.
Filing a New Complaint/Appeal: The ability to submit a new complaint or file an appeal to the EEOC's Office of Federal Operations (OFO) is considered an "excepted" function to preserve a complainant’s statutory rights. However, while you can file, no action will be taken on it until the agency reopens.
Crucial Exception: The statutory deadlines for filing a private sector charge of discrimination (180 or 300 days) or the 90-day deadline to file a lawsuit in federal court may not be automatically tolled by the shutdown. Federal employees should continue to consult with an expert to ensure they do not miss any court-related deadlines. InformedFED typically refers clients to an attorney at this stage.
Post-Shutdown: Preparing for the Backlog and New Timeline
Keep in mind that if your EEOC Complaint stalled, the moment the shutdown ends, the EEOC must contend with a massive backlog of work, which will further stretch your EEOC complaint timeline.
Post-Shutdown Impact | What You Should Expect |
Backlog of Hearings | A flood of cancelled hearings and conferences must be rescheduled. Your new date may be weeks or months past the original date. |
Investigative Slowdown | Investigators will return to a pile of stalled cases. It will take time to resume work and complete reports, leading to an extended final agency decision (FAD) date. |
Communication Delays | Don't expect instant updates. Staff will be prioritized for mission-critical tasks before addressing general inquiries or re-scheduling. |
Potential Staff Attrition | Extended shutdowns can lead to staff leaving the agency, which exacerbates the backlog and further slows the processing of all federal discrimination cases. |
✅ Your Action Plan to Minimize Delays
Some of our clients actually welcome a delay in the process, while others are eager to resume it. At this point, due to the length of the shutdown, we are advising our clients to manage their expectations and refrain from expecting any case progress until after the holidays.
Monitor the Official EEOC Site: Before and after the shutdown, check the official EEOC website for official notices on their operational status and guidelines for rescheduled events.
Organize Your Files: Use this forced downtime to gather all necessary evidence, organize exhibits, and finalize any responses you were planning to file. Being ready to submit immediately when the agency reopens will save you time later.
Contact Your Attorney/Representative: Your legal counsel will monitor the precise rules for your specific case deadlines and be the first to coordinate rescheduling with the AJ.
Conclusion
The unfortunate reality is that a government shutdown guarantees a delay for your pending federal EEO complaint. By understanding the immediate impact and preparing for the inevitable backlog, you can position your case for the fastest possible resumption when the government is funded again.
If you need assistance navigating your federal sector EEOC complaint during a government shutdown, contact our consultants who are experienced in federal employment law to review your case and ensure your deadlines are preserved.
