06/09/2026
KCNF attorney Briana Imran successfully obtained sanctions against a federal agency in a discrimination matter after an EEOC Administrative Judge found that the Agency failed to comply with multiple core requirements of the federal sector EEO process.
The Administrative Judge determined that the Agency failed to complete its investigation within the required regulatory deadlines, delayed providing the Report of Investigation (ROI) for more than a year, and produced multiple fragmented and incomplete investigative files. The Judge also found that the Agency omitted key witness affidavits and other relevant evidence from the ROI, including information that corroborated the Complainant’s allegations.
The ruling also noted that the Agency failed to timely notify the Complainant of his right to request a hearing and the extensive delay prejudiced the Complainant’s ability to obtain testimony, in part because several identified management officials retired during the delay period.
In the decision, the Administrative Judge rejected the Agency’s explanation that problems with its outside investigator caused the delays, emphasizing that agencies remain responsible for their contractors and must ensure compliance with EEOC procedures and deadlines.
As a result of these failures, the Administrative Judge imposed significant sanctions limiting the Agency’s ability to rely on the investigative record during litigation. Among other restrictions, the Agency was barred from using affidavits and exhibits in the ROI to support a Motion for Summary Judgment and prohibited from using discovery to recreate ROI evidence on the original claims — including obtaining new affidavits from witnesses or gathering documents omitted from the ROI.
The ruling underscores the importance of thorough and timely investigations in the federal sector EEO process and demonstrates the remedies available when agencies fail to meet these obligations.
