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DoDI 1400.25-V1614, December 1996

APPENDIX 13 TO ENCLOSURE 3

CONSTRUCTIVE DISCHARGE

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 constructive discharge. 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 CONSTRUCTIVE DISCHARGE

a. Organizational chart for the work unit of the activity to which the complainant was assigned at the time the action occurred.

b. Data on employment within the organizational segment to which the complainant was assigned as of the date of the action. 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. 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.

d. Appropriate data and documents for the specific action(s) at issue. (See separate data submission for each specific issue accepted.)

  • e.

    Complainant’s job or position description at time of the alleged action.

  • f.

    Request for Personnel Action, SF 52 (both sides), requesting the resignation or retirement.

  • g.

    Notification of Personnel Action, SF 50, effecting resignation or retirement.

  • h.

    The name and protected group of the selectee and date of appointment, if the

complainant's position was subsequently filled.

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APPENDIX 13 TO ENCLOSURE 3

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