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FedFunEmp  
#1 Posted : Monday, April 17, 2017 6:32:14 PM(UTC)
FedFunEmp

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Additional EEOC ROI TIPS-Here is what I think you can use as a tip to make sure your ROI has been completed adequately. Go through the MD-110 and look for KEY WORDS like “MUST”, “REQUIRED”, “SHOULD NOT”, etc. and make sure that has happened in your investigation. For example


1. Agencies are REQUIRED to complete investigations within the earlier of 180 days after the filing of the last complaint or 360 days after the filing of the original complaint. Regardless of amendment of or consolidation of complaints, the investigation shall be complete in not more than 360 days, unless there is a written extension of not more than 90 days.


2. Comparative evidence MUST be sought in every case alleging disparity in treatment on a basis protected by a law enforced by the Commission. Comparative evidence is evidence regarding how similarly situated persons outside of the complainant's protected groups were treated.


3. The complainant MUST receive a copy of the complaint file and a transcript of the hearing, if a hearing is held.


4. Relevant information that SHOULD NOT be redacted includes management and/or comparative employees'/applicants' names. Once a document is included in the complaint file, the complainant has a RIGHT TO the entire file. All parties including the agency representative, the complainant and his/her counsel, and the Administrative Judge should all have the same complaint file, either without redactions or containing the same redactions.


5. Within the appropriate time frame for finishing an investigation under 29 C.F.R. § 1614.108(e), and prior to issuance of the notice required by 29 C.F.R. § 1614.108(f), agencies are encouraged to allow complainants and their designated representatives an opportunity to examine the investigative file and to notify the agency, in writing, of any perceived deficiencies in the investigation prior to transferring the case to the Commission for a hearing or prior to taking a final action without a hearing. A copy of the complainant's notification to the agency of perceived deficiencies MUST be included in the investigative file together with a written description by the agency of the corrective action taken.


6. If the agency agrees with alleged deficiencies in the investigation as identified by the complainant, the agency MUST immediately correct them. If the investigation period has ended or is about to end, the agency should request agreement from the complainant to extend the investigation period pursuant to 29 C.F.R. § 1614.108(e). If the agency does not agree with the complainant's claimed deficiencies in the investigative file, the agency will prepare a statement explaining the rationale for the disagreement and include it in the investigative file along with the complainant's notice of claimed deficiencies.

The Process of Developing the Evidence Commission may draw an adverse inference that the requested information, or the testimony of the requested witness, would have reflected unfavorably on the party refusing to provide the requested information.

An adverse inference may be appropriate where the information is solely in the control of that party. Similarly, if a party fails to provide an adequate explanation for the failure to respond fully and in a timely manner to a request, the Administrative Judge may impose sanctions. Adverse inferences are appropriate when the information is solely in the control of that party. These sanctions include, but are not limited to, the authority to:


1. draw an adverse inference that the requested information would have reflected unfavorably on the party refusing to provide the requested information;
2. consider the issues to which the requested information pertains to be established in favor of the opposing party;
3. exclude other evidence offered by the party failing to produce the requested information; and/or
4. recommend that a decision be entered in favor of the opposing party.


COPIED AND PASTED FROM MD-110 PLEASE PLEASE READ the MD-110


Will the Agency actually be held ACCOUNTABLE for following these rules or ACCOUNTABLE if they do not follow these rules, who knows? The jury is still out on this…..TBD!

I originally posted these tips in topics EEOC: The real reason why you have a slim chance of winning in EEOC and in EEOC SUCCESS STORIES-Help Encourage Others-Post Here Also, but have included them here, so they are readily available to those reading. PLEASE PLEASE READ the MD-110!
DroneBee  
#2 Posted : Tuesday, April 18, 2017 3:32:52 AM(UTC)

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Thanks for this information. Because of your help, I realized that the MD-110 stated that I "must" receive the hearing transcripts, requested the transcripts based on MD-110, and received the transcripts for free. I'm still waiting for the AJ decision.
FedFunEmp  
#3 Posted : Tuesday, April 18, 2017 10:18:04 AM(UTC)
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Originally Posted by: DroneBee Go to Quoted Post
Thanks for this information. Because of your help, I realized that the MD-110 stated that I "must" receive the hearing transcripts, requested the transcripts based on MD-110, and received the transcripts for free. I'm still waiting for the AJ decision.


Anytime! I try my very best to provide useful information.

As for the transcripts. Please pay very close attention to them as they are supposed to be verbatim. Make sure you are prepared just in case they are not. Remember, they are paid for by the agency you are filing a claim against. They review these transcripts FIRST and have AUTHORITY over what is documented and subsequently released.

Two Key Areas most do not know about are:

1. Comparative Evidence
“Comparative evidence MUST be sought in every case alleging disparity in treatment on a basis protected by a law enforced by the Commission.” The onus is one agency to seek comparative evidence and specify when and why they unable to present any. Often the AJ will say the complainant did not identify any comparators. Well, it is the agency’s responsibility to try to do so even if the complainant cannot.

2. Errors and missing information identified in your ROI
Complainants are allowed to review their ROI and identify any missing and or incorrect information and send it to the agency. The agency is REQUIRED to address these errors and missing information by either agreeing or disagreeing with what the complainant has identified as missing and or incorrect; thus, providing an explanation. The agency is REQUIRED to include their response in your file.

Edited by user Tuesday, April 18, 2017 7:13:52 PM(UTC)  | Reason: Not specified

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