EEOC Scheduling Order

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An EEOC scheduling order is a formal document issued by an EEOC Administrative Judge that sets out the timeline and deadlines for various stages of the EEOC hearing process. This Order is typically issued just prior to the start of the hearing process after the Complainant receives the EEOC Acknowledgment Order. More information may be obtained through the EEOC 

Here are some key aspects of an EEOC scheduling order (excerpted from an actual EEOC Scheduling Order):

CASE IDENTIFICATION: The scheduling order will typically include the names of the parties involved, the date the charge of discrimination was filed, and the EEOC charge number.

INITIAL CONFERENCE:  The date, time, and method of the Initial Conference will be stipulated as well as what will generally be covered at the conference.  More details concerning the Initial Conference will be provided in a later article on .

MOTIONS:  Deadlines will be set forth as to when to file a motion to amend or consolidate must be filed.  Typically, seven calendar days from the date of the Scheduling Order

DISCOVERY: The Order will NOT permit initiation of discovery until specifically authorized by the assigned EEOC Administrative Judge. Be very cautions concerning discovery procedures and requests.

SUBMISSION REQUIREMENTS: The Order will Cleary explain how to make submissions whereas the Case Management Order, usually issued after the Initial Conference, will provide detailed instructions regarding requirements of correspondence and communications. 

SETTLEMENT:  The Order will direct the parties to contact each other and define claims and discuss settlement.  Parties will need to report on their efforts and progress at the Initial Conference.  

SANCTIONS:  The Order will identify sanctions that may be imposed for failure to follow the Order.  These sanctions apply throughout all Orders issued by the EEOC.

It is important the EEOC Complainant read and fully understand all order’s issued by the EEOC in connection with their complaint.  Failure to do so could have significant implications.  Also realize that any adjustment to dates provided in any EEOC Order (as well as any other forum such as MSPB), must have the approval of the Administrative Law Judge.  


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