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DoDI 1400.25-V1614, December 1996

APPENDIX 12 TO ENCLOSURE 3

PERFORMANCE-BASED ACTIONS

1. GENERAL. The list of recommended documents to be included in a request for investigation is provided to facilitate timely and thorough investigation of formal EEO complaints regarding performance-based actions. The list is not all-inclusive, and all of the documents identified may not be required in every investigation. All copies submitted should be legible and dark enough to photocopy. Pages should be printed on one side only. 8 1/2 x 11-inch paper should be used. Summary data will be authenticated by its authorizing source. Questions about the submission of documents should be addressed to the responsible regional office as indicated in Appendix 1.

2. RECOMMENDED DOCUMENTS - REQUEST FOR INVESTIGATION OF PERFORMANCE-BASED ACTION

a. Organizational chart showing the chain of command in the work unit of the activity which issued the action.

b. Data on employment within the organizational segment where the complainant was employed at the time the action was taken. Provide the name, position (title, series, and grade), and protected group(s) relative to the basis(es) of the complaint, e.g., race, sex, and date of birth of all employees and supervisors. If reprisal is a basis, provide the complaint history for the organizational segment.

c. Data on performance-based actions effected within the organizational segment effecting the action at issue for the 2-year period prior to the action. Provide the name and protected group(s) of each employee, position (title, series, and grade), date of the action, and the name, position, and protected group(s) of the proposing and deciding official(s).

d. Complainant’s previous protected activity, if reprisal is alleged. Include the nature of the activity, date(s) of the activity, issue(s), and basis where an EEO complaint was filed or the complainant opposed discrimination, and the name and position of the agency official(s) involved.

  • e.

    Complainant’s performance rating and related performance plan.

  • f.

    Notice of opportunity to improve performance (performance improvement plan).

  • g.

    Documentation of negative level of competence determinations, if applicable.

  • h.

    Relevant portions of the performance management program guidelines that were in effect

at the time of the action at issue.

i. Pertinent article(s) of the negotiated union agreement, if applicable.

31

APPENDIX 12 TO ENCLOSURE 3

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