Dominguez Too Negative

[Published in the December 22, 2003 issue of the Federal Times]

Equal Employment Opportunity Commission Chairwoman Cari Dominguez’s article [“Slow, Overburdened EEO Process Can Be Reformed,” Dec. 8 issue] clearly demonstrates her negative assessment of the federal sector process for handling discrimination complaints.   Rather than being so negative about the federal sector process, the EEOC chairwoman should praise its accomplishments.  There is plenty to be thankful for. 

In her negative comments, Dominguez used a 1989 complaint to describe the inadequacies of the process. Can you remember what you and EEOC were doing in 1989?  It is also improper to use a case that clearly represents a governmentwide anomaly.  Moreover, the federal sector process regulations were changed in 1999 – not 1989.  

Dominguez did not mention the outstanding job that EEO counselors and alternative dispute resolution (ADR) specialists have been doing lately.  For example, the number of complaints filed has decreased steadily from 26,657 in fiscal 1999 to 21,945 in fiscal 2002.   This decrease can be attributed to the high settlement rate that these professionals have been negotiating since ADR was mandated by the 1999 revision to the EEO regulations.

Dominguez indicates that it takes an average of 267 days to investigate complaints, which is far more than the 180 days required by the regulations. By looking at previous editions of EEOC’s Annual Report on the Federal Workforce, one can see that the time to investigate complaints has been decreasing -- from 305 days in fiscal 2000 to 267 in fiscal 2002. Rather than criticize all federal agencies, why not concentrate on those that are not making any progress, and praise those that are?   Moreover, why not praise the downward trend in the federal sector?

Dominguez did not mention any of the achievements that she normally brags about in documents like the 2004 budget request and the Government Performance and Results Act Annual Performance Plan.  For example, the fact that EEOC Hearing Program decreased its pending inventory by 13.6 percent and its appeals inventory by 36 percent in fiscal 2002.   Dominguez also failed to mention that the EEOC Hearing Program generated $92.7 million in benefits for complainants and $16.9 million in appellate decisions. 

It is interesting that despite Dominguez’s willingness to enhance the efficiency of the process, EEOC requested $36.2 million for 2004 – a 3.5 percent decrease from 2003.

Obviously, all stakeholders want to improve the process.  A coalition representing the EEO and civil rights directors, labor unions, private investigative companies, and the most prominent employee organizations and plaintiff’s law firms have submitted to the EEOC a seven-step proposal that would improve the current process.   Dominguez must act collaboratively, which includes giving serious consideration to the recommendations of internal and external stakeholders.  

Jorge Ponce, Co-Chair
Council of Federal EEO
and Civil Rights Executives
Washington
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To view Dominguez's December 8 article, click on http://federaltimes.com/index.php?S=2456185.