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C4C: Open Letter To EEOC Chair Jenny R. Yang (February 2016)
C4C: Open Letter To EEOC Chair Jenny R. Yang (February 2016)
(C4C)
P.O. Box 142
Washington DC 20044
OPEN LETTER TO THE U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Chair Jenny R. Yang
U.S. Equal Employment Opportunity Commission
131 M Street, NE
Washington, DC 20507
Re: Proposed Enforcement Guidance on Retaliation and Related Issues
The Coalition For Change, Inc. (C4C), a non-profit civil rights organization and support
network for persons seeking an end to racial injustice and retaliation in the Federal
workplace, responds to the U.S. Equal Employment Opportunity Commissions (EEOC)
Proposed Enforcement Guidance on Retaliation and Related Issues. The C4C was
founded in 2009. Our members include present and former Federal employees, largely
Black Americans, harmed by employment discrimination/ retaliation for engaging in the
formal complaint processpurportedly protected activity.
The EEOCs January 21, 2016 Press Release speaks to the persistent problem of
retaliation in the U.S. Federal government. The C4C asserts that Federal workplace
retaliation presents a looming domestic threat to the American public. It injects fear.
It silences workers from warning the public of potential dangers. It contributes to the
debilitating health of workers charged with upholding the public trust. It adds to the
taxpayers burden. Moreover, it negatively impacts the governments ability to deliver
quality, timely and cost-effective programs and services.
As noted on EEOCs website: The U.S. Equal Employment Opportunity Commission
(EEOC) is responsible for enforcing federal laws that make it illegal to discriminate.
However, statistical data discloses that the EEOC fails to deter workplace
discrimination. Specifically, the EEOCs retaliation-based charge data suggests that the
enforcement agency overwhelming decides in favor of the defendant. From FY2011
thru FY 2015 the EEOC found reasonable cause less than five percent (5%) of the time.
The EEOCs failure to execute its role with unbiased discernment leaves civil servants,
raising legitimate discrimination claims, vulnerable to recurring retaliatory attacks.
The Notification and Federal Employee Anti-discrimination and Retaliation (No FEAR)
Act of 2002 was to curb retaliation by holding Federal agencies more accountable.
However, the EEOCs lack of oversight and enforcement has rendered the No FEAR act
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RECOMMENDATIONS
Measure 1: Announce Unlawful Violations via E-Notice to Employees
The EEOC should require agencies to announce unlawful violations to employees via E-notice. The E-notice (e-mail) to employees shall, at a minimum, identify the specific
office where violation occurred, the statute that was violated, the name of the party
found culpable; and a statement assuring that the discrimination found will not recur.
Measure 2: Issue Sanctions against Agencies Violating EEOC Regulations
The EEOC should make more effective, timely, and regular use of its authority to issue
sanctions to combat retaliation when a Federal agency violates an EEOC regulation
governing Federal sector complaint processing. For example, the EEOC should enter a
judgment in favor of employee when a Federal agency fails to timely comply with the
180 day EEO complaint investigative requirement, as prescribed in 29 CFR 1614.108.
[NOTE: No FEAR 2015 statistical data the U.S. Social Security Administration (SSA)
provided disclosed that the agency exceeded the prescribed days to conduct
investigations. SSA: Average Number of Days 286 for Fiscal year of 2015. The
SSA, which has on-going class complaint activity, exceeded regulations. Despite the
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the EEOC followed through with its enforcement authority by referring cases to the
OSC for disciplinary action when appropriate. We found that over a ten year period
and after finding retaliation in numerous cases, the EEOC referred ZERO names to
OSC for disciplinary action.
The EEOC fails to effectively use the Memorandum of Agreement it has with the OSC.
In the case of Isaac Decatur, a former VA employee, the EEOC found VA managers
guilty of discriminating against veteran Decatur; yet the EEOC failed to make any
referral to the OSC. Veteran Decatur wrote to President Obama to request an answer
as to why the managers (Jeanette Butler, Larry Thomas and Maurice Troop) were never
disciplined for their retaliation against complainants. The EEOC replied in a letter to
Mr. Decatur:
The matters you are concerned with are preventative in nature.
While EEOC orders agencies to consider; we have no authority to issue
discipline." (Decatur v Shinseki, 0120073404.)
The EEOC should have referred both the Decatur case and Saunders case which involved widespread retaliation and Blacklisting at the VA - to the
OSC for disciplinary action. Undoubtedly, the EEOCs failure to make warranted
referrals for disciplinary action to the OSC contributes to the escalation of retaliation in
the Federal workplace. It is no surprise to C4C, as EEOC contends, that: retaliation
violations comprised 53 percent of all violations found in the federal sector in fiscal
year 2015. Afterall, the EEOC has not provided the proactive leadership needed to
stamp out reprisal within Federal agencies.
In closing, the Coalition For Change, Inc. C4C appreciates the opportunity to respond to
proposed regulations; however, we recognize that a revise regulation will never suppress
Federal workplace retaliation; nor will it cure the inaction of any EEOC official when
justice demands fair, prompt and judicious decision-making.
| signed |
Tanya Ward Jordan, President and Founder
The Coalition For Change, Inc. (C4C)