6E06 Additional Allegations during the Investigation

If the Investigator uncovers additional allegations involving the complainant during the investigation, the Investigator should either request the complainant submit a new complaint form (CC-4) or amend the existing complaint (i.e., request a written statement about the additional allegations). In either instance, the Investigator must notify the contractor in writing with Letter L-11 – 10-day Notice or Closure to Employer/Contractor and provide the contractor with the opportunity to respond to the allegations.

If the field office has not initiated an on-site investigation of the original complaint or if the basis of the new allegation(s) is the same as the original complaint or the new allegations are related (i.e., retaliation), the Investigator should recommend the complainant amend the original complaint. Investigators can do this by obtaining a written statement from the complainant describing the additional allegations and attaching it to the original complaint.

If the field office has already initiated the on-site investigation and is otherwise near concluding the investigation of the original complaint, OFCCP may prefer to not prolong the existing investigation and the Investigator should recommend the complainant submit a new complaint form (CC-4), noting in the “Complaint Description” section the new allegations; however, written statements from the complainant will be accepted. The new allegations and complaint will follow through OFCCP’s perfection process.

Again, in either instance, the Investigator must notify the contractor in writing with Letter L-11 – 10-day Notice or Closure to Employer/Contractor and provide the contractor with the opportunity to respond to the allegations.

If the field office identifies additional allegations during the investigation that do not involve the complainant but are related to the basis of the complaint (e.g., OFCCP finds additional individuals with disabilities who were denied reasonable accommodation based on the same problematic policies) the field office should consult with RSOL on the appropriate next steps.