6H02 Other Documents Relevant to the Complaint Allegations

The CO should obtain copies of any written materials that are relevant to the complaint. The nature of the complaint allegations will determine the nature of the documents the CO needs to obtain. For example, in a complaint alleging discriminatory discharge on the basis of disability, which the contractor states was due to poor performance, the CO would obtain documents such as the following: copies of policies and procedures for performance evaluations and terminations; material related to any reasonable accommodation requests and their disposition; any documentation showing whether the poor performance is attributable to the denial of a reasonable accommodation; a copy of the complainant’s personnel file, including his or her performance evaluations; and copies of other similarly situated employees’ files and performance evaluations, in order to conduct a comparative analysis. A similarly situated employee could be a nondisabled individual who received a poor performance rating and was, or was not, subject to discharge.