Federal EEO Complaint Program Challenges (C4C, Inc.)
The Coalition For Change, Inc. (C4C) PowerPoint identifies Key Challenges Employees Face in the Federal EEO Complaint Program as presented to the Government Accountability Office in August 2022 (Part 1)
Tanya Ward Jordan / Paulette Taylor II. Background: The Coalition For Change, Inc. (C4C) III. C4C Interface with the Elijah Cummings Federal Employee Anti- discrimination Act Affiliation with Representative Elijah Cummings Outreach to the EEOC –Director Carlton Hadden IV. Challenges Employees Face in the Federal EEO Program (Part One) IV. Suggested Actions NOTE: Hardcopy of PowerPoint to be provided to GAO meeting attendees: Shirley Hwang, Keith O’Brien and Serae LaFache-Brazier.
Inc. (C4C) Former NAACP Federal Sector Data Group Member Former No FEAR Coalition Legislative Group Member No FEAR Act Award Recipient from Rep. Jim Sensenbrenner Congressional recognition from Rep. Elijah Cummings -- Input / Development of the Federal Employee Anti-Discrimination Act Former Class Rep.– Janet Howard, et al v Commerce Dept. I. Introductory Remarks
Class agent SSA representing over 5,000 African American Females Co-founder/President of the Black Females for Justice II at SSA, LLC Disabled Veteran, United States Army Congressional recognition from Rep. Elijah Cummings – Input / Development of the Federal Employee Anti-Discrimination Act Paulette Taylor I.Introductory Remarks
of former & present federal employees Address racial inequality & reprisal in federal service by fostering federal workplace accountability Provide informational & emotional support for public servants who expose civil rights violations . II. Background: The Coalition For Change, Inc. (C4C)
1614 -- Federal Sector EEO Program In 2009 GAO reported: “A commissioner noted that a double standard exists, because a complaint would be dismissed if a complainant missed any of the deadlines. (GAO-09-712) (p. 12) In 2022 C4C reports: “A double standard remains as to how EEOC applies regulatory guidelines.”
397.76 476.93 423.5 375.24 FY15 FY16 FY17 FY18 FY19 FY20 FY21 EXAMPLE: U. S. EEOC Avg. # of Days Investigation Stage REGULATIONS 29 CFR 1614 180 Days Source: EEOC No FEAR Data
of action against the EEOC for the EEOC's alleged negligence or other malfeasance in processing an employment discrimination charge.“ Smith v. Casellas, 119 F.3d 33, 34 (D.C. Cir.)” 3. No Accountability For EEOC Mistakes or Malfeasances
shall report to the head of the agency.” 6. Agencies Fail to Follow EEO Program Reporting Structure EEOC requirement / C4C recommendation adopted in Elijah Cummings FEA 2020 Sec 403 Head of Program Supervised by Head of Agency HEAD EEO
Federal Operations • Steward over flawed Federal EEO complaint program for 22+ years • Named in active pending complaint action against the U.S. EEOC • OFO Reframed C4C stakeholder issues/ Poor stakeholder Outreach
• Processes claims/bases, • Reframes claims/bases (at times) • Approves/Denies claims • Investigates claims • Rules on complaint merits re: Final Agency Decision NOTE: Agency Office of General Counsel at times interferes with EEO intake and formal complaint process
The U.S.EEOC – “bipartisan Commission comprised of five presidentially appointed members, including the Chair, Vice Chair, and three Commissioners. ” Lack of Focus on Federal Sector Compared to Private Sector
HEARINGS 381 days 500 days APPEALS 420 days 447 days SOURCE: Annual Report of the FW 2000 p v-6 Table V-2 VI-4 Figure V11 U.S. EEOC Strategic Enforcement Plan FY 2017 – 2021 Executive Summary mplementing SEP Priorities (E.d.4)
cases in which EEOC found discrimination; and how many EEOC referred to OSC since No FEAR Act of 2002. • Investigate the # of Field Audits the EEOC conducted over last decade. • Obtain EEOC employee “EXIT” reports • Review Performance Ratings of those in leadership within Office of Federal Operations. • Obtain number of employment class actions filed in government & how many the EEOC certified.
which agency exceeds 180 day investigative timeframe. {Note-Also see #hearings, Avg. processing time for hearings, #findings of discrimination, etc. • Review EEOC’s record of sanctions, if any, against agencies that exceed 180-day investigative time frame. • Speak with former EEOC high-ranking attorney Cassandra Menoken • Speak with USDA Coalition of Minority Employees. Lawrence Lucas Suggested Actions
to C4C Inquiry (Pt 3) [Director Carlton Hadden discusses / Memorandum of Understanding with Office of Special Counsel regarding “discipline of officials proven guilty of discrimination.] • Determine if EEOC has by statute the “authority” to discipline those proven guilty for discrimination. See video where EEOC states –it does not. • Review EEOC’s strategic plan/performance reports to discern if performance measures & goals are appropriate to address federal workplace EEO issues. Suggested Actions
what we do not do for which we are accountable” Moliere Key Challenges Employees Face in the Federal EEO Complaint Program (Part 1) Contacts: Tanya Ward Jordan [email protected] Paulette Taylor [email protected] Alternate Email—[email protected]