EXAMPLE INVESTIGATIVE REPORT

(Use DOH Letterhead)

DATE: April 1, 1999

TO: Equal Opportunity and Minority Health Director, Office of the Secretary

FROM: Karen Johnson, EEO Coordinator

RE:   Jane Doe vs. DOH/CMS/CHD
           DOH #999999

BASIS/ISSUE:
Race/Termination of Employment

PARTIES TO THE ACTION:

Ms. Jane Doe	COMPLAINANT
5128 Main Street
City, Florida 39805
CHD	RESPONDENT
Street Address
City, Florida 39805-0700
Ms. Mary Smith	ALLEGED DISCRIMINATORY OFFICIAL
Supervisor
City, Florida 39805-0700

RECOMMENDED DETERMINATION: NO REASONABLE CAUSE

JURISDICTION:

Jane Doe (Complainant) filed a complaint of discrimination with the United States Equal Employment Opportunity Commission (USEEOC) alleging that DOH CHD/CMS (Respondent), discriminated against her on the basis of her race (Black) in violation of Title VII of the Civil Rights Act of 1964. The investigation conducted by the EEO Coordinator indicates the following:

ALLEGATION I:

Complainant alleges that her supervisor, Ms. Mary Smith, failed to counsel her and provided very little training regarding her work performance and duties (Tab A).

Page Two
Investigative Report
DOH # 999999 (Jane Doe)
January 1, 1999

FINDING I:

Records and documents reviewed reflect that Complainant was hired as a Switchboard Operator at the CHD/CMS, on June 6, 1988 (Tab D). Witness statements reflect that Complainant was given a thorough review of her duties and responsibilities over a period of two days (June 6 and 7) by two experienced Switchboard Operators (Tab B-2). The alleged discriminatory official (ADO) states that Complainant was given a copy of her duties and responsibilities (Tab E); that she frequently counseled Complainant regarding frequent and repeated errors with the cash receipts; that Complainant's attitude was poor; and that Complainant's attitude and performance did not improve in spite of coaching and counseling provided (Tab B-1). A review of the notes of counseling sessions indicates that such observations, deficiencies, and improvement plans were shared with Complainant (Tab F). Statements from other operators indicate that Complainant and other operators hired at that time received extensive training through Bell Telephone's Consumer Training Program (Tabs B-2 to B-4). Statements and documents reviewed also indicate that Complainant, the only Black female in the office, was given the opportunity to attend the formal DOH in-service training for Switchboard Operators, which was provided to all other operators (Tabs B-1 to B-5 and H). Additionally, statements from other operators reflect that Complainant made frequent errors which were not the result of a lack of formalized training (Tabs B-2 to B-4).

ALLEGATION II:

Complainant alleges that her supervisor failed to inform her of a change in her work schedule (Tab A).

FINDING II:

Complainant's Supervisor (ADO) states that Complainant reported on an unscheduled day even though schedules were properly posted in advance and given to each employee (Tab B-1). Further, the supervisor states that Complainant's reporting on an unscheduled day along with her failure to report on a scheduled day was a consideration in the termination action (Tabs B-1, F and K). Records and statements reviewed indicate that the subject change was posted as of December 22, Complainant's last scheduled day of work until December 26, 1998 (Tabs B-2 to B-4). Statements reviewed also indicate that schedules are posted at least seven days in advance; therefore, Complainant was on duty and was responsible for checking the schedule before she departed (Tabs B-2 to B-5).

Page Three
Investigative Report
C&F # 999999 (Jane Doe)
January 1, 1999

Recommended Determination:

Based on the following, the district recommends that there is "no reasonable cause" to believe an unlawful employment practice has occurred as alleged:

        a.    Complainant failed to provide any evidence or show comparative data that similarly situated white employees were treated differently or more favorably.

        b.    Records and statements reviewed indicate that Complainant was properly informed of a change in her work schedule.

        c.    Documents and statements reviewed indicate that Complainant was not discharged because of her race."

Recommended Corrective Action: (Recommendations may be included in the investigative report when there is a finding of "reasonable cause". Each recommendation must be lawful and appropriate. Such proposals for written recommendations must be approved by the CHD, appropriate legal counsel, or the OFFICE OF EQUAL OPPORTUNITY AND MINORITY HEALTH prior to inclusion in the report. Subsidiary recommendations will be discussed with the OFFICE OF EQUAL OPPORTUNITY AND MINORITY HEALTH for appropriate consideration and will not be included in the investigative report.)