YOUYou Better Recognize!

BETTER RECOGNIZE!
Obstacles & Opportunities
in the Federal Workplace

The Coalition For Change, Inc. (C4C)

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. Joyce E. Megginson
Workshop Moderator

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.
 You Better Recognize!
Topics Covered In This Segment

OBSTACLES
 Discrimination
 EEO Complaint System
 Favoritism
Presenter  Federal Employment
Tanya Ward Jordan Opportunity
President& Founder
The Coalition For Recruitment Plan
Change, Inc. “The Flawed Benchmark”
OBSTACLE 1
EEOC says . . .
Unconscious Bias

C4C says . . .
Discrimination
 1. DISCRIMINATION
“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

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
DISCRIMINATION:
A Part of America’s
Make-Up
 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%
OBSTACLE 2
EEOC says . . .
Complaint System

C4C says . . .
Complaint System
 2. EEO COMPLAINT SYSTEM
“EEO regulations not
adequately followed
or enforced.”
African-American Workgroup Report
https://www.eeoc.gov/federal/reports/aawg.cfm

 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)
 2. EEO COMPLAINT SYSTEM
29 CFR 1614
Federal
Complaint
Processing System
Covers:
 EEO Counselings
 Formal Complaints
 Investigations
 Hearings
 Appeals; and
 more
 OBSTACLE 3
EEOC says . . .
Insufficient Training and
Development

C4C says . . .
Favoritism
 3. FAVORITISM
“Over 70 percent of employees believed that
some supervisors practiced favoritism.” (P57)
Merit Systems Protection Board
Fair and Equitable Treatment
December 2009

Alternative Systems Now

Widespread
FEDweek
March 11, 2009

Commerce Pay Plan Fought

Government Executive
October 10, 1997
 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)

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]
 OBSTACLE 4
EEOC says . . .
Educational Requirements

C4C says . . .
Flawed Recruitment
Benchmark
 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
 Total –Black Employment - 359,757

Source: Office of Personnel Management FEORP Report

to Congress FY2016, (P.8); Feb. 2018
 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)
 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
 SUMMARY OF OBSTACLES
Discussed In This Segment

C4C EEOC
Discrimination Unconscious Bias
EEO Complaint EEO Complaint
System System
Favoritism Insufficient Training
(& Prohibited Personnel (& Development)
Practice Violations)
Flawed Recruitment Educational
Benchmark Requirements
 Opportunity: Call For Action
 Learn the EEO Process
 Visit USA Jobs
 Update Resume

 Expose Discriminating
Tanya Ward Jordan
c4c@coalition4change.org
Officials
coalition4change.org/ADO.htm
 Obtain a copy of your
agency’s Federal Employment
Opportunity Recruitment Plan
YOU BETTER RECOGNIZE!
Obstacles & Opportunities
in the Federal Workplace
 You Better Recognize!
Topics Covered In This Segment
OBSTACLES
 Retaliation
Dr. Keesha Karriem  Legal Counsel Disparity
The Coalition For
Change, Inc.  Lack of Discipline for
Prohibited Personnel
Practices &
Discrimination
OBSTACLE 5
EEOC says . . .
Lack of Adequate
Mentoring

C4C says . . .
Retaliation
 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)

 5. RETALIATION
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
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
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
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)

Top Five Bases in Complaint Allegations Filed for FY 2015

Basis # of Complaints
Reprisal/Retaliation 7,429
Age 4,959
Disability – Physical 4,009
Sex – Female 3,817
Race - Black/African American 3,777
 5. RETALIATION

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
 OBSTACLE 6
EEOC says . . .
Narrow Recruitment Methods

C4C says . . .
Lack of Discipline
 6. LACK OF DISCIPLINE
CASE Pierre v Salazar - Official received
EXAMPLES 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.”
 OBSTACLE 7
EEOC says . . .
Perception of Inequality

C4C says . . .
Free Legal Counsel
7. LEGAL COUNSEL DISPARITY

Agency officials
named in EEO
complaints benefit
from free agency &
U.S. Department of
Justice attorney
representation--
supported by
taxpayers’ dollars.
 SUMMARY OF OBSTACLES
Discussed In This Segment

C4C EEOC
Retaliation Lack of Adequate
Mentoring
Lack of Discipline for
Prohibited Personnel Narrow Recruitment
Practices Methods

Free Legal Counsel Perception of Inequality

 Opportunity: Call For Action

Obtain a copy of your

agencies “Table of
Penalties.”
Save For Your Future.
Learn how to reduce
Dr. Keesha Karriem stress and cope with
Racial Discrimination
using “EI” Emotional
Intelligence.
YOU BETTER RECOGNIZE!
Obstacles & Opportunities
in the Federal Workplace
 You Better Recognize!
Topics Covered In This Segment
 Notification and Federal
Antidiscrimination and
Retaliation (No FEAR)Act of 2002
Purpose-No FEAR Act
Highlights-No FEAR Act

Paulette Taylor  H.R. 702 The Federal Employee

Civil and Human
Rights Chair, Antidiscrimination Act of 2017
The Coalition For Purpose of H.R. 702
Change, Inc. How H.R. 1557 became H.R. 702
Where Is H.R 702 Now?

 Did You Know?

 Call To Action
 No FEAR Act of 2002
What is the No FEAR Act?
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:
Requirements
& Agency
Responsibilities
Sec. 201: REIMBURSEMENT REQUIREMENT

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. 202: NOTIFICATION REQUIREMENT
• Agencies must give employees, former employees &
applicants for employment written notice of
discrimination & whistleblower protection laws.

• 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.
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.
 Sec. 301: DATA TO BE POSTED
BY EMPLOYING FEDERAL AGENCIES
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. 302: DATA TO BE POSTED BY EEOC

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).
 The Federal Employee
Antidiscrimination Act of 2017
(H.R. 702)
 PURPOSE: H.R. 702
To Strengthen No FEAR ACT of 2002

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)]
Sec. 3: NOTIFICATION OF VIOLATION

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. 4: REPORTING REQUIREMENTS
• 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. 5: DATA TO BE POSTED BY AGENCIES

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. 6: DATA TO BE POSTED BY EEOC

Requires the EEOC to capture agency data as cited above
 Sec. 7: No FEAR AMENDMENTS
• 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.
TITLE IV– PROCESSING AND REFERRAL

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

Sec. 8: NON-DISCLOSURE AGREEMENT
LIMITATION
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.
 DID YOU KNOW?
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
 Opportunity:
You Want To Make A Change?

 Go out and VOTE!!!

 Tell a friend and take a
friend to the polls.
 If you are not registered
to vote, get registered to
Paulette Taylor
PTaylor@coalition4change.org vote.
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.
 You Better Recognize!
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

The Coalition For Change, Inc. (C4C)

Twitter: c4c@c4cfed
Website: http://www.coalition4change.org/
https://www.facebook.com/coalitionforchangec4c