Council Meeting

Held Tuesday, January 26, 2010

Host: Ms. Madeline C. Caliendo

INTRODUCTION

Ms. Delia L. Johnson, Co-Chair of the Council and Director, Office of Civil Rights for International Broadcasting Bureau, opened the meeting with a few remarks and then asked the attendees to give their names, agencies, and positions. She thanked Madeline C. Caliendo, Associate Administrator, Office of Civil Rights, U.S. General Services Administration, for sponsoring this meeting.

FEW

Sue Webster, National President of Federally Employed Women (FEW), gave a history of her organization. She indicated that FEW voted on July 8, 2008, on a resolution to set up a task force to look at the viability of the Federal Women’s Program (FWP) – as many FEW members were concerned about its effectiveness and allocated resources. For example, when FEW tried to put together a directory of FWP managers, it received only fourteen names.

On January 7, 2009, FEW issued a press release to highlight that only 50% (84 out of 167 federal agencies) had “timely” submitted their MD-715 reports in FY 2006, down from 68% submitted in FY 2005. Ms. Webster indicated that this number had improved to 80% lately.

FEW and OPM conducted a survey of agencies in 1994 and received a good response. FEW wanted to work with OPM to reissue this survey in early 2008, but OPM at that time did not want to partner with FEW to do so. FEW did so alone and very few agencies responded. Consequently, FEW has decided to not reissue the survey at this time.

FEW is tentatively planning to host a summit on May 14-15, 2010 – but the location is yet to be determined. Nevertheless, plans have changed following FEW’s recent meeting with the OPM Director. The Summit will be held after the findings of the OPM Interagency Working Group for the strategic plan are released.

EXCEL CONFERENCE

Sue Webster indicated that FEW’s 41^st National Training Program (NTP) will be held on July 12-16, 2010, in New Orleans, Louisiana. However, she pointed out that the FEW’s NTP conflicts with the Equal Employment Opportunity Commission’s 2010 EXCEL Conference, which will be held on July 12-15, 2010, in Orlando, Florida.

Jorge Ponce, Co-Chair, stated that the EXCEL Conference also conflicts with the League of United Latin American Citizens’ (LULAC) National Convention, which will be held on July 12-17, 2010, in Albuquerque, New Mexico, and with the National Association for the Advancement of Colored People’s (NAACP) National Convention, which will be held on July 10-15, 2010, in Kansas City, Missouri. Mr. Ponce stated that he hoped that EEOC Chair designate Jacqueline A. Berrien, who has served since 2004 as Associate Director-Counsel of the NAACP Legal Defense and Educational Fund, would intercede in this matter.

Mr. Ponce suggested that all these organizations and EEOC should work together to find a solution to this challenge. Ms. Webster indicated that FEW has a signed partnership with EEOC, and she met with EEOC representatives to discuss this conflict and work to find ways to resolve the conflict. EEOC indicated that the dates cannot be rescheduled due to signed contracts. A Council member stated that if a solution was not found, it would present an unbearable burden to federal agencies, as they could not afford to send its employees to these conferences at the same time. Moreover, other Council members indicated that most federal agencies had special emphasis managers with multiple programs in their portfolios, and, thus, they would have to pick and choose which conference to attend. Other Council members suggested that EEO Directors should boycott this year’s EXCEL Conference, and attend the HR & EEO Conference, which will be held on April 13-14, 2010, in New York City, or the Federal Dispute Resolution (FDR) Conference, which will be held on August 9-12, 2010, in Atlanta, Georgia.

GSA EEO TRAINING

Madeline Caliendo gave a live presentation of an EEO training that she had prepared with New Point Strategies, LLC, for its managers and supervisors in FY 2009-2010. In FY 2007-2008, GSA offered an EEO training to the same group through an on-line OPM course. This course lasted 2 hours, but it was one-dimensional, without all the bells and whistles. Thus, Ms. Caliendo used the 738X GSA schedule for EEO services to retain New Point Strategies to develop a training with professional narrators and GSA-specific vignettes. GSA has approximately 2,200 managers, and the cost of the contract with New Point Strategies was about $175,000. Ms. Caliendo has received many kudos from GSA managers and supervisors about this training. Among the lessons that Ms. Caliendo learned from this experience are: 1) managers and supervisors do really want more EEO training, but quality of the training does matter; 2) on-line training is lower-cost training that is easy to administer and monitor completion rates; and 3) get input from managers and supervisors as to what they want or need in future EEO training. To contact New Point Strategies, LLC, call 703 405-7133.

Ms. Caliendo also handed out a 15-minute CD on its ADR Program, together with an accompanying brochure, that has been well received by GSA managers. In its FY 08 Report, ADR was used 30.4% in the pre-complaint process.

MISCELLANEOUS

Milton Belardo, former Chair of the National Council of Hispanic Employment Program Managers (HEPMs), urged EEO Directors to allow their special emphasis managers to attend affinity-group meetings. He has heard many complaints in the past that EEO Directors would not allow their HEPMs to attend the monthly meetings of the National Council of HEPMs. He indicated that the Council recently changed its bylaws to allow federal employees who had any relationship with the Hispanic Program to become members and to run for office.

Mr. Belardo also praised that Council of Federal EEO and Civil Rights Executives, especially Co-Chair Jorge Ponce, and the Council of HEPMs in getting the EEOC Chair to establish a Federal Hispanic Work Group. As a result of their joint efforts, many of the members of this Work Group have gotten promoted to the GS-15 level.

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Minutes9.98 contains the minutes for the September 22, 1998 meeting. (John Palguta, MSPB, discussed the Outstanding Scholar Program)

Minutes11.98 contains the minutes for the November 19, 1998 meeting. (Andrew Strojny, U.S. Dept. of Justice on Title VI)

Minutes1.99 contains the minutes for the January 20, 1999 meeting. (Discussion on the proposed 1614 regulations)

Minutes3-99 contains the minutes for the March 25, 1999 meeting. (Wilett Burton and Karen Freeman, Vice President Gore’s National Partnership for Reinventing Government; Council Recognizes Kathy Gause)

Minutes4.99 contains the minutes for the April 20, 1999 meeting. (Chris Kuczynski and Carol Miaskoff, EEOC, addressed reasonable accommodation issues for persons with disabilities)

Minutes699 contains the minutes for the June 4, 1999 meeting.  (Miscellaneous)

Minut6-30 contains the minutes for the June 30, 1999 meeting. (Carlton Hadden, OFO Director)

Minutes799 contains the minutes for the July 16, 1999 meeting. (Miscellaneous)

Minutes999 contains the minutes for the September 22, 1999 meeting. (Miscellaneous)

Minutes1099 contains the minutes for the October 20, 1999 meeting. (U.S. Postal Service Mediation Program: REDRESS)

Minutes1199 contains the minutes for the November 16, 1999 meeting. (Henry Romero, OPM – Classification of EEO jobs)

Minutes124 contains the minutes for the January 24, 2000 meeting. (Classification of EEO jobs; Armando Rodriguez, OPM – Outstanding Scholar Program)

Minutes200 contains the minutes of the February 28, 2000 meeting. (Update on the National Partnership for Reinventing Government/ EEOC Interagency Federal EEO Task Force)

Minutes300 contains the minutes of the March 27, 2000 meeting.  (Update on the National Partnership for Reinventing Government/ EEOC Interagency Federal EEO Task Force)

Minutes400 contains the minutes of the April 19, 2000 meeting. (National Science Foundation Diversity Initiative)

Minutes500 contains the minutes of the May 25, 2000 meeting. (Miscellaneous)

Minutes600 contains the minutes for the June 28, 2000 meeting. (Miscellaneous)

Minutes700 contains the minutes for the July 20, 2000 meeting. (Ponce receives the Secretary of the Treasury Award; Charles Fowler III – IRS EEO Office Modernization Initiative)

Minutes900 contains the minutes for the September 20, 2000 meeting. (Miscellaneous)

Minutes100 contains the minutes for the October 31, 2000 meeting. (Adalberto Bernal – Navy ADR Program)

Minutes101 contains the minutes for the January 30, 2001 meeting. (Miscellaneous; Council Recognizes Luther Santiful)

Minutes 301 contains the minutes for the March 16, 2001 meeting. (Miscellaneous)

Minutes 401 contains the minutes for the April 24, 2001 meeting. (Miscellaneous)

Minutes 501 contains the minutes for the May 22, 2001 meeting. (Miscellaneous)

Minutes601-2 contains the minutes for the June 19, 2001 meeting. (Sharon Rennert, EEOC, Office of Legal Counsel – Reasonable Accommodation Procedures)

Minutes701 contains the minutes for the July 24, 2001 meeting. (Dinah Cohen, CAP)

Minutes901 contains the minutes for the September 14, 2001 meeting. (EEOC Chair Cari Dominguez)

Minutes1001 contains the minutes for the October 30, 2001 meeting. (EEOC OFO Director Carlton Hadden)

Minutes302 contains the minutes for the March 19, 2002 meeting. (Council Report on the Reporting Authority of EEO Directors)

Minutes502 contains the minutes for the May 22, 2002 meeting. (Multiple Attorneys – Improving the Federal Sector Complaints Process)

Minutes902 contains the minutes for the September 24, 2002 meeting. (Don Names, EEOC – ADR)

Minutes 103 contains the minutes for the January 28, 2003 meeting. (Miscellaneous)

Minutes 503 contains the minutes for the May 20, 2003 meeting. (Gary Gilbert, Esq. – Compensatory Damages)

Minutes 603 contains the minutes for the June 17, 2003 meeting. (Joe Riddle, SES Learning Center, OPM – OPM’s New SES Development Program)

Minutes 703 contains the minutes for the July 22, 2003 meeting (Fair Credit Reporting Act). (Christopher Keller, FTC -- Fair Credit Reporting Act)

Minutes 903 contains the minutes for the September 23, 2003 meeting. (Mona Papillon, EEOC Office of Legal Counsel -- Title III of the No FEAR Act)

Minutes 104 contains the minutes for the January 21, 2004 meeting. (Title III of the No FEAR Act and OGC Interference Survey)

Minutes 204 contains the minutes for the February 25, 2004 meeting. (Julie Ferguson Queen, OPM -- Title II of the No FEAR Act)

Minutes 404 contains the minutes for the April 20, 2004 meeting. (Leroy Warren, NAACP)

Minutes 504 contains the minutes for the May 25, 2004 meeting. (Douglas Gallegos, EEOC -- MD-715)

Minutes 604 contains the minutes for the June 22, 2004 meeting. (Miscellaneous)

Minutes 704 contains the minutes for the July 27, 2004 meeting. (EEOC Commissioner Ishimaru)

Minutes 205 contains the minutes for the February 23, 2005 meeting. (George Nesterczuk – National Security Personnel System; Tonya Odom and Andrew Culbertson, EEOC AJs – expediting hearing requests)

Minutes 305 contains the minutes for the March 29, 2005 meeting. (MD-715)

Minutes 405 contains the minutes for the April 26, 2005 meeting. (MD-715)

Minutes 505 contains the minutes for the May 25, 2005 meeting. (EEOC Presentation & Title VI/IX Association)

Minutes 605 contains the minutes for the June 28, 2005 meeting. (ADA-ABA Guidelines)

Minutes 705 contains the minutes for the July 26, 2005 meeting. (EEOC Customer Service Survey)

Minutes 1005 contains the minutes for the October 26, 2005 meeting. (MD-715 Reports, Gerald Lucas, IWG)

Minutes 1105 contains the minutes for the November 30, 2005 meeting (IWG)

Minutes 206 contains the minutes for the February 22, 2006 meeting (EEO Survey, and the EEOC/IWG meeting)

Minutes 306 contains the minutes for the March 21, 2006 meeting. (Title VI and LEP presentations)

Minutes 406 contains the minutes for the April 26, 2006 meeting. (EEOC Vice Chair Naomi C. Earp)

Minutes 606 contains the minutes for the June 27, 2006 meeting (GAO Report on the lack of EEOC and OPM cooperation)

Minutes 906 contains the minutes for the September 26, 2006 meeting (HHS Hispanic Employment Initiative)

Minutes 1006 contains the minutes for the October 31, 2006 meeting (GAO Report on Hispanic Underrepresentation)

Minutes 1106 contains the minutes of the November 28, 2006 meeting (Virginia Andreu-Rosario discussed the EEOC Task Force on Hispanics)

Minutes 107 contains the minutes of the January 30, 2007 meeting (John Salamone, CHCO Council, EEOC Commissioner Christine Griffin, & draft applicant form)

Minutes 207 contains the minutes of the February 27, 2007 meeting (Steve Nelson, MSPB, Causes and Cures of Under-Representation)

Minutes 307 contains the minutes of the March 27, 2007 meeting (April Harris, OPM’s Attracting Talent Presentation)

Minutes 407 contains the minutes of the April 24, 2007 meeting (Contract Employees & Challenges of MD-715 Reports)

Minutes 507 contains the minutes of the May 30, 2007 meeting (Carlton Hadden, OFO Director)

Minutes 607 contains the minutes of the June 26, 2007 meeting (ADR Survey; Destin Enterprises, LLC; JDG Associates, Inc.; Contract Employees)

Minutes 707 contains the minutes of the Sept. 15, 2007 meeting (William Gil – HACU and HNIP)

Minutes 1007 contains the minutes of the October 23, 2007 meeting (EEOC Commissioner Stuart Ishimaru)

Minutes 1107 contains the minutes of the November 27, 2007 meeting (Matthew Perry -- EHRI Presentation)

Minutes 108 contains the minutes of the January 29, 2008 meeting (Congressman Danny K. Davis)

Minutes 208 contains the minutes of the February 27, 2008 meeting (EEOC Supervisory AJ Kokenge and Thadius Sale)

Minutes 308 contains the minutes of the March 26, 2008 meeting (applicant-flow; No Fear regulations; Matthew Fogg)

Minutes 408 contains the minutes of the April 30, 2008 meeting (EHRI Update)

Minutes 508 contains the minutes of the May 27, 2008 meeting (HSI lists and EEOC’s AAPI Work Group)

Minutes 908 contains the minutes of the September 23, 2008 meeting (Carlton Hadden provides EEO Update)

Minutes 1208 contains the minutes of the December 2, 2008 meeting (MicroPact’s E-versity; Lori Grant and part 2 of proposed changes to the MD-715 report; and Gary Gilbert and the ADAAA). In addition, a summary of the minutes of the October 28, 2008 meeting are included (Lori Grant and proposed changes to the MD-715 report).

Minutes 109 contains the minutes of the January 29, 2009 meeting (Presentations made by representatives from FEW, FAPAC, and the National Council of Hispanic Employment Program Managers).

Minutes 209 contains the minutes of the February 25, 2009 meeting (discussion on the pitfalls of preparing MD-715 reports).

Minutes 309 contains the minutes of the March 25, 2009 meeting (Christy Compton and Wilfredo Sauri discussed improvements to future MD-715 reports)

Minutes 409 contains the minutes of the April 22, 2009 meeting (Jorge Ponce discussed improvements to future MD-715 reports; NIH’s competency model for the 260 and 361 series; American Association for Affirmative Action)

Minutes 509 contains the minutes of the May 19, 2009 meeting (DHS proposal on collecting RNO data; Carol Miaskoff (EEOC) gave a presentation on E.O. 12067; Will Peratino, OPM, gave a presentation on GoLearn).

Minutes 609 contains the minutes of the June 24, 2009 meeting (I-Complaints Dashboard; Jorge Ponce discussed meeting with OPM officials on the classification of EEO jobs).

Minutes 909: meeting was held on September 29, 2009, at the Hubert H. Humphrey Building, in Washington, DC. Ernest Hadley and Garry Gilbert, both prominent attorneys, discussed the impact that the recent U.S. Supreme Court decision in Ricci v. DeStefano will have on EEO programs. Gary also serves as Director of the Federal Employment Law Training Group, while Ernest is the President of the Federal Employment Law Training Group.

Minutes 1009 No. 2 contains the minutes of the October 27, 2009 meeting (Jody Wildy and Not in My Neighborhood; David Frank discussed the ADAAA Amendments; Janet Bashen discussed a case management and tracking software, EEOcaselink)

Minutes 1109 contains the minutes of the November 17, 2009 meeting (Dexter Brooks, EEOC, gave a presentation on the barrier analysis process under Management Directive 715. Mike Dole, U.S.. Dept. of Veterans Affairs, gave a presentation on ways to present the statistical information in MD-715 reports in a more user-friendly way for managers).

Minutes 110 contains the minutes of the January 26, 2010 meeting (Sue Webster, FEW National President; Madeline Caliendo, Associate Administrator, Office of Civil Rights, U.S. General Services Administration, gave a presentation on a training geared to managers and supervisors; discussion on the conflict with the 2010 EXCEL conference and the national conferences of LULAC, FEW, and NAACP).