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The EEOC has published a proposed rewrite of the federal EEO process. Current Part 1614 procedures still govern today—but future filing, evidence development, and Administrative Judge access could change.

Current as of September 4, 2026: the NPRM was published August 28 at 91 Fed. Reg. 55,690; comments are due September 28. It asks for comment on transition rules for matters pending when a final rule takes effect. Shaun Southworth and Lydia Taylor trace the 150-page Commission draft through one hypothetical nonselection case.

In this episode:

The Docket

- The Commission voted 2–1 to issue the proposal. It is not final and has not changed current procedures; transition rules for pending matters remain open.

- Commissioner Kalpana Kotagal moved for a 60-day comment period; no commissioner seconded the motion. The published deadline is September 28.

The Case File: Federal EEO Process Changes

Today, a federal employee generally starts by contacting an EEO counselor within 45 days. The proposal would generally replace mandatory counseling with a signed written complaint due within 60 days and require facts making the claim plausible. Shaun and Lydia explain why an employee should file on time without inventing missing facts, preserve everything submitted to the investigator, and report new workplace events promptly.

They also examine the proposal’s largest procedural shift: the agency would ordinarily decide first, while the Commission would decide whether to refer issues for Administrative Judge proceedings. Hearings and discovery could still happen, but access and scope would depend on the referral and authorized proceedings.

Ask Shaun & Lydia Anything

- “What happens to my ongoing case?”

- “Should employees who have reasonable accommodations worry?”

Chapters:

00:00:00 — Cold Open: 30 Days for 150 Pages

00:03:45 — The Docket: EEOC's Proposed Rewrite

00:13:40 — The Case File: The Front Door

00:20:45 — A Thick File Can Still Be Incomplete

00:24:30 — Who Gets an Administrative Judge?

00:29:10 — Later Events and Filing Deadlines

00:32:40 — Class Actions and Federal Court

00:37:15 — What Better Reform Would Look Like

00:42:50 — Public Comment and What Comes Next

00:45:20 — Ask Shaun & Lydia: Current Cases

Resources mentioned:

- Southworth PC’s EEOC proposal resources and public-comment guide: https://fedlegalhelp.com/EEObreakdown

- Current-client FAQ: https://fedlegalhelp.com/clientEEOupdate

- Prospective-client and intake FAQ: https://fedlegalhelp.com/intakeEEOupdate

- Published NPRM (91 Fed. Reg. 55,690): https://www.federalregister.gov/documents/2026/08/28/2026-17641/federal-sector-equal-employment-opp…

- Submit a public comment: https://www.regulations.gov/commenton/EEOC-2026-0067-0002

- Episode 3, the current federal EEO complaint process: https://civil-rights-for-feds.captivate.fm/episode/federal-eeo-complaint-process

Have a question for the show? Email advocate@southworthpc.com or reach us through our social platforms. (We read everything; answering a question on air is general information and doesn't create an attorney-client relationship.)

If this episode helped you: leave a five-star review wherever you listen, and share it with a coworker who needs it. Subscribe so the next episode comes to you automatically.

Learn more / get help: https://attorneysforfederalemployees.com

Free daily newsletter for federal employees: https://fedlegalhelp.com/newsletter

Podcast home: https://fedlegalhelp.com/podcast

A quick note: This podcast is legal information, not legal advice. Listening does not make you a client. If something is happening to you at work, talk to a lawyer about your specific situation.

This show is proudly ad-free and sponsored by Southworth PC. Your service is worth protecting — let's protect it together.

If your agency removes, demotes, or suspends you for more than 14 days, you have 30 calendar days to get to the Board. Miss it and the strongest case in the world never gets heard.

Southworth PC attorneys Shaun Southworth and Lydia Taylor walk the MSPB appeal start to finish: who can appeal, what happens when you file, why the burden lands on the agency, and what winning looks like.

In this episode:

The Docket

• Three kinds of appeals leave the MSPB on September 2: RIF appeals, suitability actions, and probationary terminations. They move to OPM — mostly on paper, final word with the OPM Director. Per Government Executive's count, about 1,250 comments came in and 99% said don't do this.
• What does not change: tenured employees removed, demoted, or suspended more than 14 days still appeal to the Board, and pending cases stay there. A notice dated before September 2 and filed before it keeps you at the Board.
• Also as of this episode: the Board has proposed retiring the Douglas factors, and the EEOC has a hearing scheduled on its own process.

The Case File: Inside the MSPB Appeal, Start to Finish Four steps. One: who can appeal, and the 30-calendar-day door — weekends count, you file through the Board's e-Appeal system, and you don't need a lawyer to file. Two: the acknowledgment order, and the moment the burden flips — the agency has to prove its charges, more likely than not. You never prove you are innocent. Three: discovery — the agency answers under oath and its decision-makers sit for depositions. Four: the hearing — no jury, usually by video, decided by an Administrative Judge. Plus how these cases really end — and why the new OPM process has no discovery.

The Interview: Kevin Byrnes, Patriots Law Group, and Lillian, USAID Employee Support Fund Kevin Byrnes — Navy Judge Advocate, Assistant U.S. Attorney, DOJ, 35-plus years and 150-plus jury trials — represents hundreds of separated USAID and State Department employees before the Board, and explains why he attacked the reduction in force as invalid from the outset rather than fighting its procedures. Lillian, a career USAID Foreign Service Officer, lived the dismantling from an overseas post.

Ask Shaun & Lydia Anything

• "I have a RIF case from last year and it is still pending. If RIF appeals move to OPM on September 2nd, does my case still get pulled out from in front of the board?"
• "Guys, I want to appeal, but I can't afford a lawyer right now. Should I wait to file until I can?"

Chapters: 00:00:00 — Cold Open: What Leaves the Board Sept. 2 00:03:51 — The Docket: Three Appeals Move to OPM 00:09:51 — The Case File: Inside the MSPB Appeal 00:12:55 — Step 1: Who Appeals, and the 30-Day Clock 00:16:16 — Step 2: The Burden Flips to the Agency 00:19:58 — Step 3: Discovery, Your Superpower 00:23:46 — Step 4: The Hearing, and What Winning Is 00:34:34 — The Four Takeaways 00:37:29 — The Interview: Kevin Byrnes and Lillian 01:20:51 — Ask Shaun & Lydia Anything

Resources mentioned:

• USAID Employee Support Fund: www.usaidemployeefund.org

The USAID Employee Support Fund, referred to throughout as USAID ESF, exists to finance legal defense for career USAID Foreign Service and Civil Service employees separated when the agency was dismantled in 2025. USAID ESF was established in response to a workforce crisis: hundreds of career public servants found themselves separated from federal service with no institutional support and, in many cases, without access to the hearings federal law promises. USAID ESF was created to address that gap, connecting affected employees with legal representation, coordinating their cases, and providing a collective voice that individual employees would not otherwise have.

USAID ESF does not itself practice law. Rather, it is the organization that makes legal representation possible for employees who could not otherwise afford it, working alongside outside counsel and supporting its members throughout litigation that has, in many cases, extended well over a year. USAID ESF also conducts an ongoing survey of its membership, with more than two hundred deduplicated responses collected to date, ensuring that the picture it presents of the impact on this workforce is grounded in verified data rather than anecdote alone.

• MSPB e-Appeal: https://e-appeal.mspb.gov/

Have a question for the show? Email advocate@southworthpc.com or reach us on social. (We read everything; answering on air is general information and doesn't create an attorney-client relationship.)

If this episode helped you: leave a five-star review wherever you listen, share it with a coworker who needs it, and subscribe.

Learn more / get help: attorneysforfederalemployees.com Free daily newsletter for federal employees: fedlegalhelp.com/newsletter Podcast home: fedlegalhelp.com/podcast

A quick note: This podcast is legal information, not legal advice. Listening does not make you a client. If something is happening to you at work, talk to a lawyer about your specific situation.

This show is proudly ad-free and sponsored by Southworth PC. Your service is worth protecting — let's protect it together.

Your agency's return-to-office memo did not repeal the Rehabilitation Act. If "everyone back, no exceptions" is medically unworkable, the law still has an exception with your name on it.

Southworth PC attorneys Shaun Southworth and Lydia Taylor walk the federal reasonable accommodation request start to finish — how to ask, what your agency owes you, the games to watch for, and what to do the day they say no. Treasury's civil rights office counted 6,500 backlogged requests, HHS projected six to nine months to clear roughly 9,000, and OPM's director estimates one in ten feds has a return-to-office exemption.

In this episode:

The Docket

• Is the federal-sector EEO process about to change? Unverified reports say leadership wants an overhaul — possibly including the guaranteed hearing right. Any change requires a proposed rule, and the statute's path to federal court stays. Also: AFGE has sued over the frozen class complaints. (As of the episode's August 3, 2026 date stamp.)
• OPM's appraisal overhaul is final and effective August 6: agencies may cap the top two rating levels, and grieving your rating of record is off the table. Lydia's move: build your performance file now — the Episode 1 playbook.

The Case File: The Reasonable Accommodation Request, Start to Finish The complete map, with telework as the example: starting the request (plain English — no magic words, no mandatory form, and the ask itself is protected activity), the medical documentation agencies can and cannot demand, the interactive process and why blanket "no exceptions" policies keep losing, and when delay itself becomes the denial. You'll leave knowing the one sentence to send when the agency asks for the same paperwork twice.

The Interview: Jodi Hershey, founder of EASE LLC Jodi spent 23 years in federal service, advising on thousands of accommodation requests from the inside. She's launching the EASE Foundation to fund advocacy and legal help for employees who can't afford it. Listen for her answer on whether "in-person presence" can simply be declared an essential function.

Ask Shaun & Lydia Anything

• "I asked for telework as an accommodation four months ago. My agency keeps asking for more paperwork, including records that I already gave them. Is this legal for them to do?"
• "My condition flares up unpredictably. My agency says on bad days I can just take sick leave instead of teleworking. Can they enforce that?"

Chapters: 00:00:00 — Cold open: the policy the law forbids 00:07:26 — The Docket: EEO overhaul & rating quotas 00:16:54 — The Case File: making the request 00:23:14 — Medical documentation: the limits 00:30:48 — The interactive process & blanket bans 00:35:34 — The decision: effective vs. preferred 00:44:05 — When delay becomes the denial 00:53:26 — The five-move playbook 00:56:07 — The Interview: Jodi Hershey (EASE) 01:20:25 — Ask Shaun & Lydia Anything

Resources mentioned:

• EASE Foundation: ease-foundation.org
• Job Accommodation Network (JAN): askjan.org

Have a question for the show? Email advocate@southworthpc.com or reach us through our social platforms. (We read everything; answering a question on air is general information and doesn't create an attorney-client relationship.)

If this episode helped you: leave a five-star review wherever you listen, and share it with a coworker who needs it. Subscribe so the next episode comes to you automatically.

Learn more / get help: attorneysforfederalemployees.com Free daily newsletter for federal employees: fedlegalhelp.com/newsletter Podcast home: fedlegalhelp.com/podcast

A quick note: This podcast is legal information, not legal advice. Listening does not make you a client. If something is happening to you at work, talk to a lawyer about your specific situation.

This show is proudly ad-free and sponsored by Southworth PC. Your service is worth protecting — let's protect it together.

The strongest discrimination case in the world can end before anyone looks at the facts — because a federal employee missed a deadline nobody warned them about.

Southworth PC attorneys Shaun Southworth and Lydia Taylor walk the federal EEO complaint process from first contact to hearing — where cases are won, where they're lost, and where they quietly get abandoned. With return-to-office denials, reorganizations, and RIFs pushing more feds into this system than in years, the deadlines decide more cases than the facts do.

In this episode:

The Docket

• A federal court ordered the Justice Department to restore full-time telework as a disability accommodation for two immigration-court attorney advisors (EOIR) — a preliminary injunction out of a July 10 hearing in the Eastern District of Virginia, with a bid for class status underway. The point: a return-to-office order doesn't override the Rehabilitation Act. (As of our mid-July 2026 recording.)
• Disabled veterans at the VA say the department is clawing back telework they'd relied on for years — and treating some as AWOL — even though the RTO directive was supposed to exempt qualifying disabilities. Drawing on her HR background, Lydia explains why a blanket accommodation "review" that skips the individualized, interactive process is a legal red flag.

The Case File: The EEO Complaint, Start to Finish Picture the EEO process as a hallway of doors, each with a clock above it. This is the whole walk-through: the 45-day deadline to contact an EEO counselor (calendar days — the single most common way a strong case dies), the 15-day window to file your formal complaint, the agency's 180 days to investigate and produce the ROI, the choice between a hearing and letting the agency judge its own case, and your appeal routes at the Office of Federal Operations or in federal court. You'll know what to do on day one, how to frame your claims so the agency can't quietly narrow them, and what a late or thin investigation actually hands you.

Ask Shaun & Lydia Anything

• "I think my non-selection was because of my age. It happened about 40 days ago and I've been gathering proof. Do I have something now, or should I wait until my case is stronger?"
• "A member isn't sure she's being discriminated against, but she already has a grievance going. Can she do both?"
• "My agency's investigation has gone way past 180 days and I haven't heard anything. Is my case dead?"

Chapters: 00:00:00 — The 45-day trap (cold open) 00:06:42 — The Docket: DOJ telework order 00:12:48 — The Docket: VA vets & the commute 00:21:58 — The Case File: EEO, start to finish 00:23:43 — Step 1: the 45-day clock 00:27:52 — Formal complaint & framing claims 00:33:37 — Investigation & the ROI 00:38:43 — The hearing, discovery & no-hearing motions 00:42:25 — Appeals: OFO & federal court 00:47:38 — Ask Shaun & Lydia Anything

Have a question for the show? Email advocate@southworthpc.com or reach us through our social platforms. (We read everything; answering a question on air is general information and doesn't create an attorney-client relationship.)

If this episode helped you: leave a five-star review wherever you listen, and share it with a coworker who needs it. Subscribe so the next episode comes to you automatically.

Learn more / get help: attorneysforfederalemployees.com Free daily newsletter for federal employees: fedlegalhelp.com/newsletter Podcast home: fedlegalhelp.com/podcast

A quick note: This podcast is legal information, not legal advice. Listening does not make you a client. If something is happening to you at work, talk to a lawyer about your specific situation.

This show is proudly ad-free and sponsored by Southworth PC. Your service is worth protecting — let's protect it together at Southworth PC.

Your probationary year is the year the law protects you least — and the year your agency can move you out without proving much of anything. Though these days, many people who have survived their probationary year feel like they're under similar strain. Regardless of how you feel about your legal protections, and regardless of what those protections are, are there other steps you can take to protect your career?

Southworth PC attorneys Shaun Southworth and Lydia Taylor break down surviving the federal probationary period — and why, after 18 months of RIFs and reorganizations, even employees with years of service feel just as exposed. They're joined by communication coach Ken Canion on handling a boss who's decided they don't like you.

The Docket

Trump v. Slaughter: The Supreme Court held 6-3 (the week we recorded) that the president can remove independent-agency heads "for any reason or no reason at all," overruling the 90-year-old Humphrey's Executor. Most feds' EEOC and MSPB rights don't change — but the agencies enforcing them may feel new pressure from the top. Lydia's takeaway: don't panic, pay attention.

Trump v. Cook: A 5-4 majority blocked the removal of Federal Reserve Governor Lisa Cook — for now — holding that "cause" still has to mean something. A narrow win, and a reminder these protections are weaker than they used to be.

The Case File: Surviving the Probationary Period

Probationary employees have the fewest protections in federal service — but not zero. You're still protected from discrimination, whistleblower reprisal, and other prohibited personnel practices. Beyond the law, they walk through the survival skills that protect any federal employee: turning vague criticism into a written record, building a "brag file" of your wins, and working a PIP so thoroughly your supervisor has to justify any action against you. You'll know exactly what to send after your next "you're not a good fit" conversation.

The Interview: Ken Canion

A communication coach who trained Southworth PC's leadership team — and a star of MTV's Caught in the Act: Unfaithful — Ken breaks down handling a supervisor who's turned on you, including the reframe that gets your boss to put expectations in writing. Listen for why "the person who asks the question controls the conversation."

Ask Shaun & Lydia Anything

"I'm 10 months into a one-year probation at the VA, and we just got a new acting director. Everybody's on edge. Do I keep my head down and hope this blows over?"

"My supervisor never puts anything in writing. She says I need to step it up, but when I ask what it means, she gets vague. What should I do?"

"My position just got moved to Schedule Policy/Career. Am I about to get fired, and what should I do now?"

Chapters:

00:00:00 — Welcome: the most dangerous year

00:09:03 — The Docket: Trump v. Slaughter

00:16:57 — The Docket: Trump v. Cook

00:23:52 — The Case File: what still protects you

00:27:25 — Documentation & the brag file

00:34:16 — When you're put on a PIP

00:36:51 — The Interview: Coach Ken Canion

01:02:23 — Ask questions, control the conversation

01:13:10 — Ask Shaun & Lydia Anything

01:21:10 — Wrap-up: build what a file can't capture

Resources mentioned:

Ken Canion — coachkencanion.com

Dorothy Leeds, The 7 Powers of Questions

Have a question for the show? Email advocate@southworthpc.com or reach us on social. (Answering on air is general information and doesn't create an attorney-client relationship.)

If this episode helped: leave a five-star review wherever you listen, and share it with a coworker who needs it. Subscribe so the next episode comes to you automatically.

Learn more / get help: attorneysforfederalemployees.com

Free daily newsletter for federal employees: fedlegalhelp.com/newsletter

Podcast home: fedlegalhelp.com/podcast

A quick note: This podcast is legal information, not legal advice. Listening does not make you a client. If something is happening to you at work, talk to a lawyer about your specific situation.

This show is proudly ad-free and sponsored by Southworth PC. Your service is worth protecting — let's protect it together.

Welcome to the premiere of Civil Rights for Civil Servants, the podcast from Southworth PC dedicated to federal employees nationwide. Hosts Shaun Southworth (founding partner) and Lydia Taylor (managing partner) launch the show on Juneteenth — a deliberate choice, because the day the last enslaved Americans in Galveston learned they were free, two years after the Emancipation Proclamation, captures a theme at the heart of this work: people can hold rights they don't know they have. Many federal employees are in exactly that position.

Every episode follows the same rhythm: The Docket (the federal-workforce news you need to know, in plain English), The Case File (one legal strategy you can actually use), the Interview, and Ask Shaun & Lydia Anything.

In this episode:

The Docket

• Schedule Policy/Career — the June 3 executive order moving roughly 4,800+ positions (about 8,000 employees) out of their traditional civil-service protections in a first wave, and what it means for MSPB and whistleblower rights. Who is actually affected, and why most of the workforce is not.
• OPM's proposed RIF rewrite — why a change that elevates recent performance ratings over length of service could reshape how reductions in force play out, and what employees should watch for.

The Case File: The File You Should Be Building on Your Agency

Why documentation is the most powerful tool a federal employee has. Shaun and Lydia walk through the last 18 months in three chapters — the initial shock, the courts' response, and the current "shutdown rebound" stage — and explain why you should keep your SF-50, performance evaluations, position description, awards, and key supervisor emails organized and within reach (always within your agency's IT and security rules). Plus: why HR works for the agency, why cases are won on facts and evidence rather than emotion, and how mindfulness helps you respond clearly instead of reacting.

The Interview

The surprise first guests turn out to be the hosts themselves. Shaun and Lydia interview each other on what drew them to this work — Lydia on the significance of launching on Juneteenth and standing up for federal employees, particularly the Black federal workforce; Shaun on his path from a small town in Wyoming to founding a civil-rights-focused firm — and what they hope the show will be.

Ask Shaun & Lydia Anything

• Which documents should I keep copies of at home, and can I do that without getting in trouble?
• I'm on probation, or my job just moved to Schedule Policy/Career — am I powerless now?

A quick note: This podcast is legal information, not legal advice. Listening does not make you a client. If something is happening to you at work, talk to a lawyer about your specific situation.

Have a question for the show? Email advocate@southworthpc.com or reach us through our social platforms.

If this episode helped you: Please leave a five-star review wherever you listen, and share it with a coworker who needs it. Subscribe so the next episode comes to you automatically.

Learn more / get help: attorneysforfederalemployees.com

Free daily newsletter for federal employees: fedlegalhelp.com/newsletter

Podcast home: fedlegalhelp.com/podcast

This show is proudly ad-free and sponsored by Southworth PC. Your service is worth protecting — let's protect it together.

They kept a file on you. It's time you kept one on them.

For the last year and a half, federal employees have lived through hiring freezes, deferred resignations, probationary firings, and RIFs — and watched a court rule that tens of thousands of those firings were unlawful while almost no one got their job back. Civil Rights for Civil Servants is the answer to that moment: a podcast from Shaun Southworth and Lydia Taylor, two attorneys who represent federal employees and only federal employees, nationwide — putting fifteen years of fighting for feds to work for you.

In this pre-release introduction, Shaun lays out what the show is and how it works. Each episode opens with the Docket — the news feds are actually talking about, in plain English and what it means for you. Then the Case File: one legal strategy at a time, the steps, the deadlines, and the protections you need to know before you need them. We sit down with people worth hearing from, and we close with Ask Shaun and Lydia Anything — your questions, answered. Send yours anytime to advocate@southworthpc.com.

Episode one premieres Juneteenth, Friday, June 19th — a date we chose on purpose, with a few guests we think you'll want to hear. The show is proudly ad-free, sponsored by Southworth PC, with new episodes every other week.

Follow or subscribe now so episode one lands in your feed the moment it drops, and share this with a coworker who needs it: fedlegalhelp.com/podcast

Your career deserves a defense, and your peace of mind deserves a plan.

This podcast is general information, not legal advice.