What is summary judgment?
Commission regulations allow an AJ to render a decision without a hearing. This procedure is commonly referred to as summary judgment. See 29 C.F.R. §1614.109(g). The regulations are patterned after the summary judgment procedure set forth in Rule 56 of the Federal Rules of Civil Procedure. Summary judgment is appropriate where the AJ determines, given the legal and evidentiary standards that apply to the case, no genuine issue of material fact exists. Summary judgment is not a disfavored procedural shortcut. Rather, it is an integral part of the EEO hearing process and is designed to secure for the parties, a just, speedy and inexpensive determination of the complaint. Summary judgment proceedings may be initiated by the AJ or by one or both parties. Unlike a hearing, in summary judgment proceedings the AJ does not decide who is telling the truth (make credibility determinations) or weigh the evidence. Rather, the AJ’s function is to determine whether, given the facts which are presen
