Understanding Your EEOC Scheduling Order: Deadlines and What to Expect

If you are a federal employee pursuing a discrimination complaint, receiving your EEOC Scheduling Order is a major milestone. This formal document, issued by an EEOC Administrative Judge (AJ), signals the official start of the hearing process and lays out a mandatory roadmap for your case. It’s not just a formality—it is a detailed timeline filled with critical deadlines that you, as the Complainant, must follow to avoid sanctions or even the dismissal of your case. Understanding the key sections of this Order is essential for successfully navigating your EEO claim.

What is an EEOC Scheduling Order?

An EEOC Scheduling Order is an official document that establishes the specific timeline and

deadlines for the various stages of the EEO hearing process. It’s typically issued shortly after the Complainant requests a hearing and receives the initial EEOC Acknowledgment Order, and it comes directly from the Administrative Judge assigned to your case.

This document sets the stage for everything that follows, including conferences, the exchange of information, and critical motions.

Key Sections of Your EEOC Scheduling Order

While every Administrative Judge may have slight variations, a standard EEOC Scheduling Order will cover several core areas that require your immediate attention:

• 🔍 Case Identification: This section confirms the essential details of your complaint, including the names of all parties involved, the date the charge of discrimination was filed, and your official EEOC charge number.

• 📞 Initial Conference: The Order will stipulate the date, time, and method for your Initial Conference with the AJ and the agency representative. This is a crucial meeting where the case issues, discovery, and settlement efforts will be discussed.

• 📝 Motions: It will establish deadlines for filing motions, such as a motion to amend or consolidate your complaint. These deadlines are often tight—sometimes as short as seven calendar days from the date the Order is issued.

• 🔎 Discovery: Pay close attention here. The Order will generally NOT permit the initiation of discovery (the formal process of requesting information from the opposing party) until specifically authorized by the Administrative Judge. Proceed with caution and follow all discovery procedures exactly as instructed.

• 📬 Submission Requirements: The Scheduling Order will clearly outline how to make submissions to the court. While the Initial Conference may be followed by a separate Case Management Order with more detailed correspondence rules, this section tells you how to get your paperwork to the AJ correctly.

• 🤝 Settlement: The Order requires both parties to contact each other to define claims and discuss settlementpossibilities. You will be required to report on the status and progress of your settlement efforts at the Initial Conference.

• 🚫 Sanctions: This is a vital section to heed. The Order will clearly identify the sanctions that can be imposed for failure to follow its instructions or any other subsequent Orders issued by the EEOC. Sanctions can range from limiting your ability to present evidence to the outright dismissal of your case.

Conclusion

For the Complainant, fully reading and understanding your EEOC Scheduling Order is not optional—it is absolutely necessary. We often recommend clients read the entire order at least twice.

A single missed deadline or procedural mistake can have significant negative implications for your case. Remember that any request to adjust the dates provided in any EEOC Order (or a similar forum like the MSPB) must have the prior approval of the Administrative Judge.

Don't assume; always clarify and comply.