Investigators collect evidence related to the complaint. They also decide which witnesses will be interviewed and which documents will be collected. Investigators do not make or recommend decisions about whether a law has been violated. They also do not give advice to the complainant, agency witnesses, or other witnesses. Testimony is usually summarized in signed statements, also called affidavits.
Witnesses swear to the truth of their affidavits under penalty of perjury.
All Department employees are required to cooperate with EEO Investigators. Failing to cooperate with the Investigator is a very serious violation of Department rules of conduct. The ROI is sent by Certified Mail to the complainant and the complainant's representative, unless other arrangements have been made with the Office of Civil Rights. Unauthorized disclosure by anyone of personal information contained in the ROI is prohibited. In most cases, the complainant can choose to have a hearing before an Equal Employment Opportunity Commission Administrative Judge or a final decision by the Department of Commerce without a hearing.