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This rulemaking proposes new EEO complaint processing requirements, and revisions to the EEOC’s No FEAR Act regulations, in accordance with the provisions of the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 (Cummings Act) concerning the EEOC. The Cummings Act allows the EEOC to make a referral to the Office of Special Counsel (OSC) if, following receipt of a federal agency disciplinary action report, the EEOC determines that the agency did not take appropriate action. A federal agency must establish a model EEO program that is independent of the agency’s Office of General Counsel and Office of Human Capital (or the equivalent). Moreover, the head of an agency’s EEO Program must report directly to the head of the agency. A federal agency must post to its public website data about EEO class action complaints filed against the agency, and additional information about findings of discrimination, such as the law violated and whether a decision has been made regarding disciplinary action as a result of the finding. This new data about class action complaints also must be reflected in the EEOC’s publication of government-wide No FEAR Act data. In addition, the NPRM proposes to include the new Pregnant Workers Fairness Act’s reasonable accommodation requirements as an element of agency EEO programs.