EEOC MUST NOT ABANDON MISSION

[Published in the December 29, 2003 issue of the Federal Times]

In her commentary in the Dec. 8 issue [“Slow, Overburdened EEO Process Can Be Reformed”], Equal Employment Opportunity Chairwoman Cari Dominguez makes the case for a “more efficient, responsive, and fair complaint processing system” for federal workers.  She bases her “reform” initiative on a touching story about a mechanic who, after suffering a demotion in 1989, won his case of discrimination before an EEOC judge – but died during an indefensible 11-year appeal process that eventually terminated in February 2000.  Dominguez fails to note, however, that the then-available option for agencies to simply reject findings of discrimination and launch a lengthy appeal process extinguished with the November 1999 reforms.  Now, thank goodness, agencies must comply with findings of discrimination, and though they retain the right to appeal upon compliance, the appeal docket itself is greatly streamlined by the same 1999 reforms.

We at the American Federal of Government Employees and other civil rights advocates have become alarmed because it is apparent that Dominguez is proposing a regulatory “reform” of the federal-sector process that will deny, or substantially extinguish, the right of a hearing before an EEOC administrative judge.  Under this scenario, federal workers will be the only workers in the nation who will have absolutely no administrative option to resolve their discrimination cases, since private-sector workers can usually obtain a hearing before a state human rights agency.  Federal workers would have no choice but to take their cases to federal court.

Recalling again the poor mechanic who was the victim of discrimination in Dominguez’s now-dated justification, it is ironic that her plan would curtail not the agency, which abused the process and prolonged the process for 11 years, but instead the worker, forcing him to sue the U.S. government in federal court – a daunting task for anybody.  Indeed, it was the hearing itself – which Dominguez now wants to eliminate – that was the only part of the process that well-served the deceased mechanic.  Any reform today should further strengthen the hearing, not compromise the only well-functioning and well-regarded part of the system.  We should not rehash old stories of agency abuse to further punish federal workers.

It is true that the EEOC recently held public hearings on the federal-sector program.  While many suggestions for improvement were advanced, some that AFGE supports, there was no suggestion by any citizen or organization to curtail the right to an evidentiary hearing before an administrative judge.

EEOC must not abandon its mission to women and minorities.  Federal workers, who have recently seen the right to appeal disciplinary actions, the right to join unions, and the right to collectively bargain on the political chopping block, will not accept another loss of basic civil rights. 

Andrea Brooks
National Vice President
American Federal of
Government Employees
Washington