A Guide to the Initial Conference for Unrepresented Complainants

What is the Initial Conference?

The initial conference is, in most cases, the first time you and the agency representative(s) meet as a group together with the Administrative Judge assigned to your case.  

When is the Initial Conference Conducted?

The initial conference is typically conducted soon after the case is assigned to an Administrative Judge, within the first few months after a hearing request is submitted. But the Administrative Judge’s schedule and other factors, such as unusual factual or legal questions in the case, may impact the timing of the initial conference.

How are Initial Conferences Conducted?

Most initial conferences are conducted via telephone or on a virtual teleconference platform like Microsoft Teams or Zoom for Government. In rare cases, the initial conference may be conducted in person.

What is the Purpose of the Initial Conference?

The initial conference serves many purposes. Among other things, the initial conference:

• Gives you a better understanding of the hearings process;
• Gives you the chance to ask any questions you may have;
• Gives the Administrative Judge a chance to clearly understand your claims. If you want to add claims, you can talk about it at the initial conference.
• Lets the Administrative Judge know about any lingering procedural questions, such as whether you are seeking to amend your complaint; whether the agency is seeking to dismiss one or more claims; and whether any related proceedings involving the same claims may impact the EEOC’s ability to process the case;
• Allows the Administrative Judge to determine whether and to what extent more evidence needs to be gathered. For general information about the exchange of evidence that occurs in the discovery process, please refer to A Guide to the Discovery Process for Unrepresented Complainants;
• Allows the Administrative Judge to assess the likelihood of settling the case without a hearing; and
• Allows the Administrative Judge an opportunity to discuss and set realistic deadlines for the major stages of the hearings process.

How Should You Prepare for the Initial Conference?

There are several things you should do to prepare for the initial conference:

• Carefully review the Report of Investigation, the EEOC’s Acknowledgment Order, and the Administrative Judge’s Order Scheduling Initial Conference;
• Be prepared to discuss any new claims that you wish to add to your complaint by way of amendment, as well as any claims dismissed by the agency that you wish to have reinstated;
• Be prepared to identify specific evidence (for example, documents, policies/procedures, depositions, witness statements, etc.) that you wish to obtain during the discovery process to help prove your case;
• Be prepared to discuss your settlement demands;
• Be prepared to discuss whether you have retained or are planning to retain an attorney or other representative to assist you during the hearings process;
• Be prepared to discuss your availability over the course of the next several months, for the purpose of scheduling case processing deadlines; and
• Prepare a list of any questions you may have for the Administrative Judge about the hearings process, including your rights and responsibilities during the process.

Is Attendance at the Initial Conference Mandatory?

Yes, you must attend the initial conference, as indicated in the Administrative Judge’s Order Scheduling Initial Conference. If you miss the initial conference, or do not follow other orders of the Administrative Judge, you could risk getting sanctioned. Possible sanctions include dismissal of your request for a hearing.

What Should I Expect at the Initial Conference?

During the initial conference, the Administrative Judge will engage in open conversation with the parties about a wide range of topics, including the claims, discovery, settlement, and deadlines for the major stages of the hearings process. The Administrative Judge will explain their expectations with respect to the filing of motions, responses, and replies, as well as the parties’ obligation to comply with the Administrative Judge’s orders. Finally, the Administrative Judge will answer any questions posed by the parties.

Is the Initial Conference the Same as a Hearing?

No. In most cases, the initial conference is an informal discussion about the claims raised, and the law and procedures that will apply, in your case. As such, there is rarely any in-depth discussion about the ultimate question of whether discrimination occurred, which is typically reserved for a hearing. In limited cases, however, the Administrative Judge may conduct a “targeted” or “tailored” initial conference. The terms “targeted” and “tailored” are used interchangeably, and refer to a conference in which the Administrative Judge focuses on a narrow question or set of questions that may, depending on the answer(s), permit a quick resolution of the case. In such cases, the Administrative Judge may request limited documentary evidence or verbal testimony during the conference, and conduct the conference “on the record,” meaning in the presence of a court reporter who will produce a formal transcript of the conference. If the Administrative Judge intends to conduct a “targeted” or “tailored” initial conference, the parties will be notified in advance, and may be asked to produce certain evidence in advance of the conference.

Is the Initial Conference Recorded or Transcribed by a Court Reporter?

In most cases, no. EEOC conferences and hearings are never audio- or video-recorded. As indicated above, however, the Administrative Judge may order a court reporter to transcribe a limited number of “targeted” or “tailored” initial conferences.

Are Initial Conferences Open to the Public?

No. All EEOC conferences and hearings are closed to the public. You, the complainant, are entitled to be accompanied by the representative of your choice, regardless of whether that representative is an attorney. The only other approved participants include the Administrative Judge, the agency representative(s), and any other person approved by the Administrative Judge, such as your spouse. Finally, in rare cases, one or more witnesses may be asked to provide verbal testimony during a “tailored” or “targeted” initial conference.

Learn more here about the EEOC’s federal sector case processing requirements, including information about the discovery process (A Guide to the Discovery Process for Unrepresented Complainants), motions (A Guide to Motions for Unrepresented Complainants | U.S. Equal Employment Opportunity Commission), and the summary judgment process (A Guide to Summary Judgment for Unrepresented Complainants | U.S. Equal Employment Opportunity Commission):

• U.S. Equal Employment Opportunity Commission (eeoc.gov)
• 29 C.F.R. Part 1614 (regulations governing the EEOC’s federal sector hearings process)
• EEOC’s Management Directive 110, Chapter 7 (Hearings)