Filing a Default Judgment Against Agency for failure to issue Report of Investigation (ROI).

You may file a motion to EEOC Administrative Judge (AJ) to issue a default judgment against the agency for failure to produce ROI, if the ROI has not been issued more than 15 days of your requesting a hearing and if AJ is assigned to your case.  See samples of default judgment motions in Store.

EEOC Regulation 29 C.F.R. § 1614.106(e)(2), § 1614.108(e) and (f) require the agency to complete an investigation of a formal EEO complaint and to provide Complainant with a copy of the investigative file or ROI within 180 days of the filing of the complaint (unless the parties agree in writing to extend the period for no more than an additional 90 days); or within 180 days of the filing of an amended complaint or 360 days of the filing of the original complaint, whichever is earlier.

§ 1614.108(h), furthermore, requires the agency to provide a copy of the complaint file (ROI) to EEOC and—if not previously provided—to the complainant within 15 days of receipt of the complainant’s request for a hearing.

A default judgment is warranted when the agency failed to produce the investigation file. See Reading v. VA, EEOC Appeal No. 07A40125 (Oct. 12, 2006) (upholding the Administrative Judge's interim decision of default judgment in favor of Complainant). Germain v. EPA, EEO Appeal No. 07A10048 (Dec. 23, 2002) (upholding administrative judge's sanction of default judgment for failure to timely file complaint file).