Sample Interrogatories
EQUAL
EMPLOYMENT
______________________________
Jane Doe, )
)
COMPLAINANT, ) EEOC NO. XXX-XXXX-XXXXXX
)
vs. )
) AGENCY CASE NO.: XXXXX
Department of Defense, )
Defense Contact Audit Agency )
)
AGENCY. )
______________________________)
COMPLAINANT’S INTERROGATORIES
Complainant,
through her counsel, Snider and Fischer LLC, requests that the Agency respond
to the following interrogatories. You are required to answer these
interrogatories separately and fully in writing, under oath. You are required
to respond to these interrogatories no later than thirty (30) calendar days
after receipt of these interrogatories, to the undersigned at
INSTRUCTIONS
A. Each
Interrogatory is to be answered fully on the basis of information which is in
your possession.
B. In
each of your answers to these Interrogatories, you are requested to provide not
only such information as is in your possession, but also information as is
reasonably available. In the event that you are able to provide only part of
the information called for by any particular Interrogatory, please provide all
the information you are able to provide and state the reason for your inability
to provide the remainder.
C. If
you object to or otherwise decline to answer any portion of an Interrogatory,
please provide all information called for by that portion of the Interrogatory
to which you do not object or to which you do not decline to answer. For those
portions of an Interrogatory to which you object or to which you do not decline
to answer, state the reason for such objection or declination.
D. Every Interrogatory
herein shall be deemed a continuing interrogatory and information in addition
to or in any way inconsistent with your initial answer to such Interrogatory.
E. If
any of the following Interrogatories can be answered fully and completely
simply by referring to an exhibit number, page, and paragraph of the
investigative file compiled by the Agency and furnished to the Complainant by
the Agency in connection with this administrative complaint of discrimination,
such references, if adequately identified to inform the Complainant as to your
response will serve as a satisfactory response to such Interrogatory.
DEFINITIONS
A. “Complainant”
means Jane Doe.
B. “Agency,”
“you,” “your,” or “yourself,” means the Department of Defense, Defense Contact
Audit Agency, the named Agency in this case, and any and all of its agents,
representatives, employees, servants, consultants, contractors, subcontractors,
investigators, attorneys, and any other persons or entities acting or
purporting to act on behalf of the agency.
C. “Person”,
“persons,” “people”, and “individual” means any natural person, together with
all federal, state, county, municipal and other government units, agencies or
public bodies, as well as firms, companies, corporations, partnerships,
proprietorships, joint ventures, organizations, groups of natural persons or
other associations or entities separately identifiable whether or not such
associations or entities have a separate legal existence in their own right.
D. “Document,”
“documents,” and “writing” means all records, papers, and books,
transcriptions, pictures, drawings or diagrams or every nature, whether
transcribed by hand or by some mechanical, electronic, photographic or other
means, as well as sound reproductions of oral statements or conversations by
whatever means made, whether in your actual or constructive possession or under
your control or not, relating to or pertaining to or in any way to the subject
matters in connection which it is used and includes originals, all file copies,
all other copies, no matter how prepared and all drafts prepared in connection
with such writing, whether used or not, including by way of illustration and
not by way of limitation, the following; books; records; reports; contracts;
agreements; expense accounts; canceled checks; catalogues; price lists; video,
audio and other electronic recordings; memoranda (including written memoranda
of telephone conversations, other conversations, discussions, agreements, acts
and activities); minutes; diaries; calendars; desk pads; scrapbooks; notes;
notebooks; correspondence; drafts; bulletins; electronic mail; facsimiles;
circulars; forms; pamphlets; notice; statements; journals; postcards; letters;
telegrams; publications; inter- and intra- office communications; photostats;
photographs; microfilm; maps; drawings; diagrams; sketches; analyses;
electromagnetic records; transcripts; and any other documents within defendant’s
possession, custody or control from which information can be obtained or
translated, if necessary, by detection devices into reasonably usable form,
i.e. typed in English prose.
E. “Communication”
or “communications” means any and all inquiries, discussions, conferences,
conversations, negotiations, agreements, meetings, interviews, telephone
conversations, letters correspondence, notes telegrams, facsimiles, electronic
mail, memoranda, or other forms of communications, including but not limited to
both oral and written communications.
F. “Produce”
and “provide” mean to provide either a legible true
copy of the original or any document and/or communication.
G. “Relate
to,” “relating to,” “concerning,” “pertain,” and “pertaining to,” mean
consisting of, referring to, reflecting or arising out of, evidencing or in any
way legally, logically, or factually connected with the matter discussed,
directly or indirectly.
H. “Identify,”
“identifying,” and “identification” when referring to a person mean to provide
an identification sufficient t notice a deposition of such person and to serve
such person with process to require his or her attendance at a place of
examination and shall include, without limitation, his or her full name,
present or last known address, present or last known business affiliation, home
and business telephone number, title or occupation, each of his or her
positions during the applicable period of time covered by any answer referring
to such person and relationship, if any, to the agency.
I. “Identify,”
“identifying,” and “identification” when used in reference to a writing or
document mean to give a sufficient characterization of such writing or document
to properly identify it in a request to produce and shall include, without
limitation, the following information with respect to teach such document:
1. The date appearing on
such document, and if it has no date, the answer shall so state and shall give
the date or approximate date such document was prepared;
2. The identity or
descriptive code number, file number, title or label of such document;
3. The general nature and
description of such document, and if it was not signed, the answer shall so
state and shall give the name of the person or persons who prepared it;
4. The names of the
person(s) to whom such docum1ent was addressed and the name of each person
other than such addressee to whom such document or copies of it, were given or
sent;
5. The name(s) of the
person(s) having present possession, custody, or control of such document(s);
and
6. Whether or not any
draft, copy or reproduction of such document
contains any postscripts, notations, changes or addendum not appearing
on the document itself, and if so, the answer shall give the description of
each such draft, copy or reproduction.
J. Subject
position – Subject position is the position known as DCAA (JOA) #NE 2002-0030
covering GS-511-13 Supervisory Auditor Position.
In answering these interrogatories, the
agency is requested to furnish not only such information as is available to the
agency but also such information as is known to any of the agency’s agents,
representatives, employees, servants, consultants, contractors, subcontractors,
investigators, attorneys, and any other person or entity acting or purporting
to act on behalf of the agency.
In any matter responsive to any of the
interrogatories the agency shall set forth completely the grounds for the
asserted privilege, along with copies of the Privacy Act provisions or other
written materials upon which such assertion is made. The agency shall identify
as to each privileged communication or document:
1. its
date;
2. its
author(s);
3. the
business title or position of its author(s);
4. its
recipient(s);
5. the
business title or position of its recipient(s);
6. its
number of pages;
7. its
stated subject matter;
8. the
legal basis upon which the agency claims privilege;
9. the
specific portion of the interrogatory or document to which the communication or
document is responsive.
Documents are to be labeled to indicate
the interrogatory to which they respond.
In order to simplify the issues and resolve as many matters of fact as
possible before hearing, if, following a reasonable and thorough investigation
using due diligence, you are unable to answer any interrogatory, or any part
thereof, in full, because sufficient information is not available to you,
answer the interrogatory to the maximum extent possible, including any
knowledge or belief you have concerning the unanswered portion thereof and the
facts upon which such knowledge or belief is based. In addition, state what you
did to locate the missing information and why that information is not available
to you.
When an exact answer to an interrogatory
is not known, state the best estimate available, state that it is an estimate,
and state the basis for such estimate.
If documents once in your possession or
under your control are requested or are the subject of an interrogatory, and
such documents are no longer in your possession or under your control, state
when such documents were must recently in your possession or under your
control, and what disposition was made of them, including identification of the
person now in possession of or exercising control over such documents. If the
documents were destroyed, state when and where they were destroyed, and
identify the person or persons who directed their destruction.
All of the following interrogatories shall
be continuing in nature until the date of the hearing, and you must supplement
your answers as additional information becomes known or available to you.
NOTE
IF ANY
INTERROGATORY OR REQUEST IS OBJECTIONABLE, PLEASE CALL COUNSEL FOR THE
COMPLAINANT BEFORE OBJECTING, IN ORDER TO ATTEMPT TO NARROW THE QUESTION OR
AVOID THE OBJECTIONABLE PORTION OR ASPECT.
IDENTIFY ALL DOCUMENTS ASSOCIATED WITH
EACH INTERROGATORY.
COMPLAINANT’S
INTERROGATORIES
1. Identify all persons
answering or supplying information used in answering these Interrogatories.
2. State the name,
address, and business telephone number of each person with personal knowledge
regarding the facts and circumstances surrounding the happenings of the
occurrences referred to in the complaint.
3. State and describe in
detail all evidence including documents, affidavits and/or statements not in
the Report of Investigation upon which you intend to rely, or submit at the
hearing.
4. Identify all
individuals who had input into the decision to post the subject position and to
select the Selectee, __________________.
5. Describe the selection
process in step by step detail as to how candidates were evaluated and selected
for the subject position.
6. Explain fully the
safeguards used, if any, employed and put into place by the Selecting and/or
recommending officials and communicated to the supervisors/managers involved in
the candidate selection for the purpose to protect against possible or
potential bias or discriminatory actions prohibited by law in the selection
process.
7. Identify and explain
the stated criteria given by the Selecting Official and/or selection panel,
either individually or jointly, or by and through the coordinating Selecting
Official, to be used in selecting a candidate for the subject position.
8. Explain any changes
that occurred within the last five years to the duties and responsibilities of
the subject position and how those changes affected the selection process.
9. List in detail all
reasons that the selectee, ______________, was selected for the subject
position.
10. List in detail all
reason that Jane Doe was not selected.
11. List all information
relied upon by all the managers and the selecting officials in selecting the
selectee for the position in question.
12. Please list all
information relied upon by all the managers and selecting officials to not
select the Complainant for the position in question.
13. Explain why no
interviews were given to any of the candidates.
14. Were all OPM and agency
policies, rules and procedures in the selection process followed? If not, please state: (a) each policy, rule
or procedure not followed; (b) the individual failing to follow the rule,
procedure or policy; and (c) the reason for the rule, procedure or policy
having been violated.
15. Under what legal
authority (rule, procedure or policy) was the disallowance of 15 points from
complainant’s rating relied upon.
16. Identify all corporate
cost audits that the Selectee performed and their locations upon which the
Agency considered in his promotion to this position.
17. Was ______________ aware
that the Selectee had a statement of limited mobility in his career profile
prior to recommending him for the position?
18. Was _______________
aware that the Selectee had on file a statement of limited mobility when he
selected him?
19. Did anyone from the
agency speak with the Selectee prior to or following his selection regarding
his limited mobility designation statement?
If yes, identify: (a) the individual who spoke with Strong; (b) the date
of such conversation; and (c) the sum and substance of the conversation.
20. Within the previous 5
years, identify all employees under the direct supervision (one step of command
only) of ______________. State the individual’s name, gender, title and grade
level.
21. Within the previous 5
years, identify all promotions or hirings to which __________________ or __________________
were either a recommending official, selecting official or had input into the
decision. For each promotion or hire state: (a) the nature of the aforesaid
employment decision; (b) whether _________________ or _________________ had the
aforesaid input; (c) the names and genders of each competing candidate to which
either _______________ or ______________ had an opportunity to recommend,
select or have input into the decision some other way; (d) the nature of the
input given and; (e) the name and gender of each candidate either recommended
or selected.
22.
List all charges,
investigations and complaints of discrimination due to gender, race or age
filed in the last ten years against anyone who had input in the final decision
of who to promote to the subject position.
Respectfully Submitted,
Date:________________ ________________________________
Morris E. Fischer ,
Esq.
Attorney for Complainant