6J01 On-Site Investigation: Road Map

a. General. The Investigator must conduct the on-site investigation as a neutral fact-finder and in a manner that conveys objectivity. The focus of the Investigator’s activity must be on the complainant’s allegations and any contractor actions that gave rise to them. The interviews and review of records should provide information clearly related to the issues raised in the complaint. The Investigator will make note of any other compliance concerns that they observe or is aware of, as discussed below.

For each on-site investigation, the Investigator will use the appropriate framework to address the allegations by gathering data and by conducting interviews. The Investigative Plan should reflect the data to obtain and the interviews to conduct. The Investigator should follow this “road map” to conduct the on-site investigation.

b. Entrance Conference. The entrance conference with the facility’s senior official or designee sets the stage for the entire investigation. It is important for the Investigator – as a neutral fact finder – to be well organized and nonjudgmental. The Investigator should discuss: the investigative process (including what will actually occur on-site), an estimate of the length of the visit, and a mutually agreeable date and time for an exit conference. Since the Investigator previously provided the contractor with a copy of the complaint and informed the contractor of the relevant law(s), there may be no need for the Investigator to repeat that information. However, the Investigator should be prepared to respond to any questions regarding the complaint allegations and should ensure that the contractor understands the allegations.

The Investigator should inform the contractor that Executive Order 11246, Section 503 and VEVRAA implementing regulations prohibit interference and intimidation including threats, coercion, harassment and discrimination of any individual in the exercise of their rights protected under OFCCP enforced laws. Such protected rights include filing a complaint; assisting or participating in an investigation, compliance evaluation, hearing or any other activity related to the administration of Executive Order 11246, Section 503 and VEVRAA or other EEO laws; opposing any act or practice that violates any of these EEO laws; or exercising any other right afforded them by these laws. During the entrance conference, the Investigator must also advise the contractor of the need to conduct confidential employee interviews. In that discussion, the Investigator must make it clear that contractor representatives are not permitted to be present during nonmanagement interviews or during management interviews when it is determined that the manager is not speaking on behalf of the company.

c. Facility Inspection. If appropriate, the Investigator should conduct an inspection of the contractor’s establishment during the early stages of the on-site investigation. By inspecting the establishment/facility, the Investigator will be able to observe, among other things, the layout of the facility, what work employees may perform in the location, whether there may have been possible witnesses to an event, whether there is any display of graffiti, and whether there is inappropriate material displayed. The Investigator should note, and possibly diagram, any physical setting/location identified in the complaint. The Investigator should also note other observations, as appropriate. For example, in investigating a class complaint alleging discrimination on the basis of sex, the Investigator should note the presence or absence of women in the work area or job positions at issue. When appropriate, the Investigator may photograph the location they are inspecting. If the contractor objects to the Investigator taking photographs, the Investigator should discuss the matter with their supervisor.

d. Required Notices and Postings (Executive Order 11246 and Executive Order 13496). During the on-site investigation of a complaint, the Investigator also has the opportunity to verify that the contractor is in compliance with required notices and postings. Executive Order 11246 requires that the contractor conspicuously display the “Know Your Rights: Workplace Discrimination is Illegal” poster, and any required supplements to that poster. The Pay Transparency Nondiscrimination Provision must also be disseminated to employees and applicants, either by electronic posting or by posting copies in conspicuous places. All of these postings notify applicants and employees that federal law protects applicants and employees from various kinds of discrimination. Executive Order 13496 requires that the contractor post notice of employee rights under the NLRA. The NLRA guarantees employees the right to organize and bargain collectively with their employer. The Investigator should inspect such areas as break rooms, personnel offices, common areas and employee bulletin boards for the required postings.

e. Information Gathering. The Investigator’s primary responsibility during an on-site investigation is gathering information by conducting interviews with appropriate management officials and witnesses, and requesting relevant contractor records. This part of the on-site investigation is explained in more detail below in Section 6J03.

f. Exit Conference. Upon completing the on-site investigation, the Investigator should conduct an exit conference with the facility’s senior official or designee (preferably the same person who attended the entrance conference). At this meeting, the Investigator should present a summary of any observed violations and should document any rebuttal arguments made by the contractor. The Investigator should emphasize that the findings discussed during the exit conference are preliminary, are not binding on OFCCP, and that OFCCP will not draw final conclusions until the Investigator can complete analyses of all the data and can affirm or refute each allegation. The Investigator should inform the contractor of the approximate length of time it will take to complete the off-site analysis, prepare the Investigative Report and issue the Notice of Results of Investigation (NORI) (see Section 6L). The Investigator should also remind the contractor that the law prohibits retaliation and interference. Investigators should also inform contractors that the exit conference is not necessarily the end of the fact-finding and that more information may be requested, if necessary.