FUNDAMENTAL PROCEDURAL FAILURE: ALL SUBSEQUENT ACTIONS VOID—STATUTORY SIGNATURE REQUIREMENT NOT MET, DEFECT NEVER CURED

Under 29 C.F.R. § 1601.15(a), the Equal Employment Opportunity Commission is required by law to obtain a valid, signed position statement from the respondent before proceeding with any investigation, setting deadlines, or issuing findings. This is not a discretionary step: it is a statutory procedural safeguard ensuring legal accountability and the integrity of the administrative process. The agency’s improper acceptance and reliance on an unsigned or incomplete statement was brought to the EEOC’s attention immediately and unequivocally. No attempt was made to cure this defect. Any and all subsequent agency actions, communications, deadlines, or findings are subordinate to this fatal procedural error. As a matter of law, all assertions, opinions, and conclusions of the EEOC or respondent rest on a structurally unsound and invalid foundation, as the required procedures and documentation were never followed from the outset. This is a direct violation of 29 C.F.R. § 1601.15(a), the Administrative Procedure Act (5 U.S.C. § 555(b)-(e)), and basic due process. The agency’s failure to cure this defect after notification renders all subsequent proceedings void and without legal effect.

1. SIGNATURE REQUIRED BY STATUTE: 29 C.F.R. § 1601.15(a) mandates that all position statements be signed by an authorized representative. This is a statutory prerequisite for any valid agency action.
2. NO LEGAL EFFECT WITHOUT VALID SIGNATURE: Any action based on an unsigned or incomplete statement is void ab initio—without legal effect from the outset.
3. ALL SUBSEQUENT ACTIONS INVALID: No deadlines, findings, or dismissals can lawfully proceed until a compliant, signed statement is on record. Every step taken after acceptance of an invalid statement is procedurally defective.
4. IMMEDIATE NOTICE IGNORED: The agency was formally notified of this defect before any further action, but failed to halt proceedings or cure the error, compounding the violation.
5. ULTRA VIRES AGENCY ACTION: Any deadlines, threats, or decisions issued on the basis of an invalid statement are ultra vires—beyond the agency’s legal authority and void as a matter of law.
6. INVESTIGATOR CANNOT ENFORCE ON INVALID BASIS: No investigator or official may demand compliance, impose deadlines, or threaten adverse consequences based on a defective or unsigned statement. Doing so is an abuse of process and exceeds their authority.
7. BAD FAITH AND PROCEDURAL MISCONDUCT: Demanding that a claimant comply or respond to an invalid statement is bad faith, a violation of the Administrative Procedure Act (5 U.S.C. § 555(e)), and a breach of due process.
8. ROOT CAUSE OF ALL SUBSEQUENT ERRORS: This original procedural violation is the crux of the matter: all subsequent actions are tainted and must be set aside until the statutory signature requirement is met and the record is lawfully complete.