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You Better Recognize: Obstacles and Opportuniti...

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.

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  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. “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
  5. 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
  6. 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%
  7. “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)
  8. 2. EEO COMPLAINT SYSTEM 29 CFR 1614 Federal Complaint Processing

    System Covers:  EEO Counselings  Formal Complaints  Investigations  Hearings  Appeals; and  more
  9. OBSTACLE 3 EEOC says . . . Insufficient Training and

    Development C4C says . . . Favoritism
  10. 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
  11. 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)
  12. OBSTACLE 4 EEOC says . . . Educational Requirements C4C

    says . . . Flawed Recruitment Benchmark
  13. 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
  14. Source: Office of Personnel Management FEORP Report to Congress FY2016,

    (P.8); Feb. 2018 Total –Black Employment - 359,757
  15. 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)
  16. 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
  17. 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
  18.  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 [email protected]
  19. 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
  20. OBSTACLE 5 EEOC says . . . Lack of Adequate

    Mentoring C4C says . . . Retaliation
  21. 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)
  22. 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
  23. 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
  24. 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
  25. 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
  26. 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
  27. OBSTACLE 6 EEOC says . . . Narrow Recruitment Methods

    C4C says . . . Lack of Discipline
  28. 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
  29. OBSTACLE 7 EEOC says . . . Perception of Inequality

    C4C says . . . Free Legal Counsel
  30. 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
  31. 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
  32. 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.
  33. 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.
  34. 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?
  35. 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
  36. 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.
  37. 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.
  38. 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
  39. 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
  40. 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
  41. 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
  42. • 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
  43. 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
  44. • 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
  45. 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
  46. 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
  47. 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?
  48.  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 [email protected] 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.
  49. 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