APPENDIX IV - Model Complainant 15-Day Letter.pdf

APPENDIX IV.

[CONTRACTOR LETTERHEAD]

[MODEL ONLY – WRITE TO MATCH ACTUAL CIRCUMSTANCES]

NOTE: Provide with every Draft Declaration, Interrogatories and Document Request. If Complainant is represented by an attorney this letter must be addressed to the attorney and edited appropriately.

[DATE]

<Complainant> <Complainant's address>

Complain Number.:

Filing Date:

Dear <Complainant>:

Your sworn or affirmed statement is an integral part of the Report of Investigation being compiled in response to your complaint of discrimination.

You must submit <an executed declaration/answers to interrogatories> within 15 calendar days of receipt of this letter or show good cause why you are unable to respond fully and in a timely fashion. Please be advised that it is your responsibility for proceeding with your complaint whether or not you have designated a representative. See Title 29, Code of Federal Regulations (C.F.R.) section (§) 1614.605(e).

The Department of Commerce may continue to investigate your complaint, even if you fail to respond. However, in accordance with the regulations of the Equal Employment Opportunity Commission (EEOC) at 29 C.F.R. §1614.107 and 1614.108, your complaint may be dismissed, or I may note in the investigative record that the decision maker should:

• Draw an adverse inference that your testimony would have reflected adversely on you;

• Consider the matters on which you would have testified to be established in favor of the agency;

• Exclude other evidence offered by you;

• Claim a decision fully or partially in favor of the agency;

Take other such actions as it deems appropriate.

Your executed declaration/answers to interrogatories/request for documents should be sent to:

<Investigator> <Address>

Timeliness will be determined by the postmark, or in the absence of a postmark, by the date of receipt.

Sincerely, <Investigator>

Certificate of Service

I attest that a copy of this ___________ has been sent to the parties listed below:

By: <United Parcel Service (UPS), Federal Express, USPS Express Mail, Certified Mail, encrypted or password protect with proof of receipt>

<Complainant’s Attorney’s Name> <Attorney’s Address>

<Complainant’s Name> <Complainant’s Address>

<Representative’s Name (non Attorney)> <Representative’s Address>

Signature of Investigator

Date