6I Obtaining Documentary Evidence and Records Prior to On-Site Investigation

The Investigator should research historical OFCCP files to determine if there have been any prior compliance or complaint investigations of the contractor establishment. The Investigator will need to obtain and review copies of any investigative reports, closure letters, CAs, or other documentation generated as a result of such compliance or complaint investigation.

The Investigator should also contact and make a written request to the EEOC, the Departments of Justice and State, VETS, and state and local Fair Employment Practices (FEP) agencies that are responsible for enforcing state and local nondiscrimination laws using Letter L-2 - Sample Inquiry Letter for Requesting Complaint Data From EEOC, and State and Local FEPs, Letter L-17 - Inquiry Letter to U.S. Department of Justice or the U.S. Department of State, and Letter L-4 - Email Template for Requesting Information from Veterans' Employment and Training Service. The inquiries would be to determine whether there are any complaints against the contractor. If obtained, the Investigator should include this information in CMS and incorporate it, as appropriate, in the Investigative Plan.

If the complainant indicates that they have filed an EEO grievance or complaint with the contractor or union, the Investigator should obtain a copy of the grievance or complaint from the complainant. Upon making a data request of the contractor, the Investigator should request any documentation related to the grievance/complaint, complaint investigation and, if applicable, contractor findings and remedy.

If the Investigator finds that the EEOC is conducting an ongoing investigation, the Investigator should obtain adequate information to determine whether the EEOC has exercised jurisdiction over some or all of the allegations over which OFCCP would also have jurisdiction and is proceeding with an investigation of the same. Upon verifying this information, the Investigator should discuss this with their supervisor.

The Investigator should obtain copies of all documents that explain any policy or practice bearing on the allegations in the complaint. If a practice at issue is not in writing or the written material is not current, the Investigator should request that the contractor provide a written statement of facts or conditions currently in effect, or identify a manager or supervisor who can discuss the practice.

The Investigator 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 Investigator 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 Investigator 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 their 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.