Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—AFGE, federal employees sue EEOC over alleged halt to class discrimination case processing, (Jul 29, 2026)

By Patricia K. Ruiz, J.D.

The complaint seeks a court order requiring the EEOC to resume adjudication of federal-sector claims.

The American Federation of Government Employees (AFGE), along with two federal correctional officers, has sued the Equal Employment Opportunity Commission (EEOC) and Chair Andrea Lucas in the U.S. District Court for the District of Columbia, challenging what plaintiffs describe as an agencywide suspension of federal-sector class complaints. The lawsuit alleges the EEOC has indefinitely halted processing of those cases despite regulations requiring them to move forward. Plaintiffs are seeking declaratory and injunctive relief that would vacate the alleged policy and require the agency to resume handling class complaints.

Lawsuit. The complaint, filed July 28, names the EEOC and Lucas in her official capacity as defendants. According to the filing, the case challenges what plaintiffs call a “categorical and indefinite suspension” of federal-sector class complaints pending before EEOC administrative judges. The suit contends that administrative judges have been directed to stop taking action in those matters, including conducting hearings, deciding motions, issuing decisions, and otherwise advancing cases.

Plaintiffs argue that federal-sector class complaints are governed by regulations contained in 29 C.F.R. § 1614.204 and that those regulations impose mandatory duties on the commission and its administrative judges. The complaint alleges the suspension prevents those duties from being carried out and effectively closes a process established to address systemic discrimination affecting groups of federal employees.

Alleged agencywide directive. According to the complaint, EEOC leadership issued an agencywide order staying all federal-sector class case processing. The filing cites a Dec. 10, 2025, “Notification of Case Processing Abeyance” stating: “Effective immediately, all case processing in the above-captioned matter must be paused until further notice. All scheduled deadlines and appearances are also cancelled. This notification applies to all class cases in the federal sector, including those alleging disparate impact.”

The complaint alleges that administrative judges cannot, while the directive remains in effect, decide certification questions, oversee discovery, conduct hearings, make liability determinations, or order classwide relief. Plaintiffs also contend that absent class members cannot opt out or pursue individual claims elsewhere while class proceedings remain pending.

Claims brought under the APA. The suit alleges violations of the Administrative Procedure Act on several grounds. Plaintiffs contend the EEOC's implementation of the suspension directive is contrary to law because the agency must follow its own regulations. They also allege the directive is arbitrary and capricious because, according to the complaint, the agency has not provided a reasoned explanation for halting an entire category of discrimination cases, considered alternatives, or addressed reliance interests. In addition, plaintiffs assert the directive unlawfully withholds and unreasonably delays agency action required by law. The complaint asks the court to set aside the directive and compel the EEOC to resume and complete processing of class complaints in accordance with applicable law.

Plaintiffs and underlying discrimination allegations. One of the individual plaintiffs, an AFGE member, serves as a class agent in a certified class complaint against the Federal Bureau of Prisons concerning alleged sexual harassment of women employees at the Federal Correctional Complex in Pollock, Louisiana, according to the filing. The other individual plaintiff is a correctional officer at the facility and falls within the class definition in that case. The complaint states that the matter had already been certified as a class action and notices were being distributed to class members when processing was halted. The lawsuit alleges that, during the more than seven months since the suspension took effect, the individual plaintiffs and other class members have remained subject to or at risk of ongoing harassment without resolution of their claims.

Union alleges harm to members. AFGE, which the complaint describes as representing more than 800,000 federal civilian employees, alleges the policy harms the union and its members by indefinitely suspending class complaints affecting union members and impairing AFGE's ability to counsel and represent those employees in EEOC proceedings.

In announcing the lawsuit, AFGE National President Everett Kelley said the EEOC's refusal to process class-action complaints was causing harm to union members and represented an abandonment of the agency's mission. Attorneys for the plaintiffs similarly characterized the suspension as a failure to process discrimination claims that federal employees are entitled to have adjudicated.

Requested relief. The plaintiffs seek declaratory and injunctive relief against the EEOC and its chair. Specifically, they ask the court to vacate the challenged suspension directive and order the agency to resume processing federal-sector class complaints.

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