You Better Recognize: Obstacles and Opportunities in the Federal Workplace

The Coalition For Change, Inc. (C4C) upload of slide presentation addressing the inequities African Americans face in the federal workplace. It speaks to the flawed reporting of the U.S. Equal Employment Opportunity Commission's 2013 African American Workgroup report which failed to fully address the persistent presence of racism and retaliation in the federal sector.

Transcript

1. YOU BETTER RECOGNIZE! Obstacles & Opportunities in the Federal Workplace You Better Recognize! The Coalition For Change, Inc. (C4C)
2. OVERVIEW: In March 2013, the U.S. Equal Employment Opportunity Commission's (EEOC) issued its African American Workgroup report. The report cited seven (7) “obstacles" African Americans face when seeking equal employment opportunities in federal government. The Coalition For Change, Inc. (C4C) workshop presenters shared seven (7) formidable "obstacles” at the Blacks In Government 40th Annual National Training Institute that the C4C asserts largely harms African Americans seeking to advance in the federal workplace. Joyce E. Megginson Workshop Moderator
3. OBSTACLES  Discrimination  EEO Complaint System  Favoritism  Federal Employment Opportunity Recruitment Plan “The Flawed Benchmark” Presenter Tanya Ward Jordan President& Founder The Coalition For Change, Inc. You Better Recognize! Topics Covered In This Segment
4. OBSTACLE 1 EEOC says . . . Unconscious Bias C4C says . . . Discrimination
5. “Discrimination --- the unjust or prejudicial treatment of different groups of people or things, especially on the grounds of race, age, or sex.” Source: Google On-line Dictionary 1. DISCRIMINATION
6. Unconscious bias --- “the bias in judgment and/or behavior that often operates at a level below conscious awareness and without intentional control.” Source: A Review of Unconscious Bias FEDsmith, July 22, 2016 “Not illegal, but can lead to employment discrimination.” - KM&A Law Firm 1. DISCRIMINATION
7. DISCRIMINATION: A Part of America’s Make-Up
8. 1. DISCRIMINATION FY2015  EEO Counseling 35,001  EEO Complaints 15,490 Race-based Class Actions (Black) (108) From Oct 1, 2005 - June 25, 2015 Source: July 23, 2015 EEOC Freedom of Information Act reply to C4C Sources: EEOC-Annual Report of Federal Workforce 2015, https://www.eeoc.gov/ Congressional Research Service: Federal Workforce Statistics Sources: OPM and OMB (Jan. 12, 2018) Table 2. Federal Civilian Employees On-Board Personnel (2.07 million ) Black workforce population 18.2%
9. OBSTACLE 2 EEOC says . . . Complaint System C4C says . . . Complaint System
10. “EEO regulations not adequately followed or enforced.” African-American Workgroup Report https://www.eeoc.gov/federal/reports/aawg.cfm 2. EEO COMPLAINT SYSTEM  Sam Wright, et. al vs EEOC, Civil rights advocate sues EEOC, Government Executive, 2003  “Congress has not authorized a cause of action against the EEOC for EEOC alleged negligence or the malfeasance in processing employment discrimination.” (Smith v Casellas, No. 97-5015.)  Fast Track–EEOC Pilots (Interior & Air Force)
11. 2. EEO COMPLAINT SYSTEM 29 CFR 1614 Federal Complaint Processing System Covers:  EEO Counselings  Formal Complaints  Investigations  Hearings  Appeals; and  more
12. OBSTACLE 3 EEOC says . . . Insufficient Training and Development C4C says . . . Favoritism
13. 3. FAVORITISM Alternative Systems Now Widespread FEDweek March 11, 2009 Commerce Pay Plan Fought Government Executive October 10, 1997 “Over 70 percent of employees believed that some supervisors practiced favoritism.” (P57) Merit Systems Protection Board Fair and Equitable Treatment December 2009
14. Jarvis v. Astrue - Black employee scored 97 points, highest of five applicants. Job given to white employee who was a part of a three way tie for last place with 70 points. [Civil No. CCB 05-2950., D. Md. Jul. 31, 2007] 3. FAVORITISM Fogg v. Ashcroft - Matthew Fogg, black U.S. Marshal, certified on best qualified list. Job given to white candidate who fell 14 qualifying positions below Fogg. 254 F.3d 103 (D.C. Cir. 2001)
15. OBSTACLE 4 EEOC says . . . Educational Requirements C4C says . . . Flawed Recruitment Benchmark
16. 4. FEDERAL EMPLOYMENT OPPORTUNITY RECRUITMENT PLAN  Complies with Anti-discrimination Policy; Minority Recruitment Program  Uses flawed recruitment benchmark by comparing data on agency’s workforce to Federal Civilian / Relevant Civilian Labor Workforce  Identifies agency actions to address workforce underrepresentation of women & minorities
17. Source: Office of Personnel Management FEORP Report to Congress FY2016, (P.8); Feb. 2018 Total –Black Employment - 359,757
18. 4. FEDERAL EMPLOYMENT OPPORTUNITY RECRUITMENT PLAN “Minorities have lower [pay] grades after controlling for education, experience, and other advancement related factors that are statistically controlled.” Merit Systems Protection Board Report, Fair and Equitable Treatment, 2009. P.60)
19. Job Market “Persistent labor market discrimination and segregation forces blacks into fewer and less advantageous job opportunities than their white counterparts. Systematic Inequality, Center for American Progress Feb. 21, 2018
20. C4C EEOC Discrimination Unconscious Bias EEO Complaint System EEO Complaint System Favoritism (& Prohibited Personnel Practice Violations) Insufficient Training (& Development) Flawed Recruitment Benchmark Educational Requirements SUMMARY OF OBSTACLES Discussed In This Segment
21.  Learn the EEO Process  Visit USA Jobs  Update Resume  Expose Discriminating Officials coalition4change.org/ADO.htm  Obtain a copy of your agency’s Federal Employment Opportunity Recruitment Plan Opportunity: Call For Action Tanya Ward Jordan c4c@coalition4change.org
22. YOU BETTER RECOGNIZE! Obstacles & Opportunities in the Federal Workplace
23. Dr. Keesha Karriem The Coalition For Change, Inc. OBSTACLES  Retaliation  Legal Counsel Disparity  Lack of Discipline for Prohibited Personnel Practices & Discrimination You Better Recognize! Topics Covered In This Segment
24. OBSTACLE 5 EEOC says . . . Lack of Adequate Mentoring C4C says . . . Retaliation
25. 5. RETALIATION “Under the EEOC’s broad view of reprisal, any adverse treatment that is based upon a retaliatory motive and is reasonably likely to deter the charging party or others from engaging in protected activity, states a claim. See Lindsey v U.S. Postal Service. EEOC Request No. 05980410 (Nov. 4, 1999).“ EEOC Compliance Manual, No. 915.003 (May 20, 1998)
26. Examples of Retaliatory Conduct • Denied leave • Denied training • Disciplined unjustly • Put on Performance Improvement Plan (PIP) • Harassed (suffering threats, ridicules, insults) • Ostracized, humiliated • Physically assaulted • Fired from federal service 5. RETALIATION
27. Impact of Retaliation: “Minorities, in particular, suffer the ill-effects of toxic a diversity intolerant work place.” Source: “Unequal Treatment; Confronting Racial and Ethnic Disparities in Health Care” (2003) • Increase leave use • Tardiness • High blood pressure • Stress, anxiety, depression • Need for family medical leave • Need for reasonable accommodation • Premature death 5. RETALIATION
28. How To Cope With Retaliation  Studies have shown that “employees with higher emotional intelligence (EI) levels might possess less stress and might perform better on the job.”  In other words, learn to control your emotions when facing retaliation. Source: Dr. Keesha Karriem, The Relationship between Stress and Emotional Intelligence among Direct-Care Workers. (2010) 5. RETALIATION
29. In FY2015 • Retaliation-leading bases in complaint claims. • Nearly half of the 14,871 complaints filed were filed based on retaliation. (Source: EEOC’s Annual Report of the Federal Workforce) Basis # of Complaints Reprisal/Retaliation 7,429 Age 4,959 Disability – Physical 4,009 Sex – Female 3,817 Race - Black/African American 3,777 Top Five Bases in Complaint Allegations Filed for FY 2015 5. RETALIATION
30. Case Examples Wynona James v. Air National Guard Branded a “terrorist and a threat to the United States” Emma Bland v. Dept. of the Army Received death threat and a slashed up AuntJemima rag doll 5. RETALIATION
31. OBSTACLE 6 EEOC says . . . Narrow Recruitment Methods C4C says . . . Lack of Discipline
32. 6. LACK OF DISCIPLINE Pierre v Salazar - Official received pay increase 2 weeks after EEOC found official guilty of discrimination in a non-selection case of a Black employee. Decatur v. Shinseki - EEOC found Veterans Affairs discriminated against a Black veteran by labeling him a poor performer & putting him on a blacklist. Still EEOC claimed: “While the EEOC orders agencies to consider discipline, we have no authority to issue discipline.” CASE EXAMPLES
33. OBSTACLE 7 EEOC says . . . Perception of Inequality C4C says . . . Free Legal Counsel
34. Agency officials named in EEO complaints benefit from free agency & U.S. Department of Justice attorney representation-- supported by taxpayers’ dollars. 7. LEGAL COUNSEL DISPARITY
35. SUMMARY OF OBSTACLES Discussed In This Segment C4C EEOC Retaliation Lack of Adequate Mentoring Lack of Discipline for Prohibited Personnel Practices Narrow Recruitment Methods Free Legal Counsel Perception of Inequality
36. Opportunity: Call For Action Dr. Keesha Karriem Obtain a copy of your agencies “Table of Penalties.” Save For Your Future. Learn how to reduce stress and cope with Racial Discrimination using “EI” Emotional Intelligence.
37. YOU BETTER RECOGNIZE! Obstacles & Opportunities in the Federal Workplace
38. Topics Covered In This Segment  Notification and Federal Antidiscrimination and Retaliation (No FEAR)Act of 2002 Purpose-No FEAR Act Highlights-No FEAR Act  H.R. 702 The Federal Employee Antidiscrimination Act of 2017 Purpose of H.R. 702 How H.R. 1557 became H.R. 702 Where Is H.R 702 Now?  Did You Know?  Call To Action You Better Recognize! Paulette Taylor Civil and Human Rights Chair, The Coalition For Change, Inc.
39. On May 15, 2002, President Bush signed the No FEAR Act into law. (Public Law 107-174) The Notification and Federal Anti- discrimination and Retaliation Act of 2002, known as the No FEAR Act, took effect on Oct. 1, 2003. It makes Federal agencies individually accountable for violating anti- discrimination & whistleblower protection laws. No FEAR Act of 2002 What is the No FEAR Act?
40. No FEAR: Requirements & Agency Responsibilities
41. Agencies that lose or settle discrimination & whistleblower cases must pay judgements to complainants out of their individual budget instead of the government-wide “judgement fund.” Sec. 201: REIMBURSEMENT REQUIREMENT
42. Sec. 202: NOTIFICATION REQUIREMENT • Written notice must include posting information on agency’s web site. Agencies are required to give their employees training on rights & remedies applicable to them under these laws. • Agencies must give employees, former employees & applicants for employment written notice of discrimination & whistleblower protection laws.
43. Sec. 203: REPORTING REQUIREMENT Each agency must file an annual report with Congress, EEOC, & Attorney General about discrimination &whistleblower cases filed against agency, including details on how cases were resolved & any disciplinary actions against employees resulting from discrimination & whistleblower protection law violations.
44. Each Agency must post on its website:  Summary statistical data on EEO complaints filed against the agency.  Data for current fiscal year on a year-to-date basis, updated quarterly.  Year-end data for the five previous fiscal years. Sec. 301: DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES
45. Act requires the EEOC to post gov’t-wide, summary statistical data on hearings requested and appeals filed with the Commission under 29 C.F.R. Part 1614 (Federal Sector Equal Employment Opportunity). Sec. 302: DATA TO BE POSTED BY EEOC
46. The Federal Employee Antidiscrimination Act of 2017 (H.R. 702)
47. Sec. 2. SENSE OF CONGRESS: “Accountability in the enforcement of Federal employee rights is furthered when Federal agencies take appropriate disciplinary action against Federal employees who have been found to have committed discriminatory or retaliatory acts.” [The Bill amends sec. 102 of No FEAR Paragraph (4)] PURPOSE: H.R. 702 To Strengthen No FEAR ACT of 2002
48. Requires an agency to post on its website any notice of agency final action or EEOC appellate decision involving a finding of discrimination or retaliation. [Amends Sec. 202 of No FEAR] Sec. 3: NOTIFICATION OF VIOLATION
49. • Requires an agency to submit its No FEAR Annual Report electronically. • Adds a “Disciplinary Action Report” requirement, which directs agencies to submit to EEOC whether disciplinary action has been initiated against a federal employee as a result of a violation. [Amends Sec. 203(a) of No FEAR ] Sec. 4: REPORTING REQUIREMENTS
50. Agencies are to post on its website: 1. date of discrimination finding 2. affected agency 3. law violated 4. whether it has made a decision about disciplinary action 5. “class action” data against agency alleging discrimination or retaliation including complaint status, date filed, case numbers, summary of claims & number of plaintiffs. [Amends Sec. 301(b) of No FEAR ] . Sec. 5: DATA TO BE POSTED BY AGENCIES Sec. 6: DATA TO BE POSTED BY EEOC Requires the EEOC to capture agency data as cited above
51. • Adds Sec. 207: Complaint Tracking. Each agency shall establish a system to track complaint. • Adds Sec. 208: Notation in Personnel Record. If an agency takes, adverse action under 5 USC Section 7512 against an employee for an act of discrimination or retaliation a notation of the adverse action & reason for action shall be placed in employee personnel record. Sec. 7: No FEAR AMENDMENTS
52. Sec. 401 Processing and Resolution of Complaints Sec. 402 No limitation on Human Capital or General Counsel Advice Sec. 403 Head of Program Reports to Head of Agency Sec. 404 Referrals of Findings of Discrimination TITLE IV– PROCESSING AND REFERRAL
53. Prohibits using nondisclosure agreements (gag orders) to restrict an employee from disclosing to Congress, Office of Special Counsel, or an Inspector General any information that relates to any violation of law, rule, or regulation or instance of waste, fraud, or abuse. Sec. 8: NON-DISCLOSURE AGREEMENT LIMITATION
54. Executive Order 13832 (May 9, 2018) Enhancing Noncompetitive Civil Service Appointments to Military Spouses Executive Order 13836 (May 25, 2018) Developing Efficient, Effective, and Cost-reducing Approaches To Federal Sector Collective Bargaining Executive Order 13837 (May 25, 2018) Ensuring Transparency, Accountability, and Efficiency in Taxpayer-Funded Union Time Use Executive Order 13839 (May 25, 2018) Promoting Accountability and Streamlining Removal Procedures Consistent With Merit System Principles DID YOU KNOW?
55.  Go out and VOTE!!!  Tell a friend and take a friend to the polls.  If you are not registered to vote, get registered to vote. Opportunity: You Want To Make A Change? Paulette Taylor PTaylor@coalition4change.org The 2018 mid-term elections will be held on Tuesday, November 6, 2018. All 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate will be contested.
56. You Better Recognize! The Coalition For Change, Inc. (C4C) Twitter: c4c@c4cfed Website: http://www.coalition4change.org/ https://www.facebook.com/coalitionforchangec4c From Left to Right Presenter-Paulette Taylor Civil and Human Rights Chair Moderator-Joyce E. Megginson C4C Member Presenter-Tanya Ward Jordan President and Founder Presenter-Dr. Keesha Karriem C4C Member