COUNCIL OF FEDERAL EEO & CIVIL RIGHTS EXECUTIVES

 
 Meeting Minutes
 
Meeting Date: May 20, 2003

 

 

Host:               Ms. Era Marshall, Director, Equal Employment & Minority Affairs

 

Location:        Smithsonian Institution

750 9th Street N.W.

Washington, DC  20560

Archives of American Art Conference Room

Suite 220

 

Presiding:       Council Co-Chairs: Delia L. Johnson & Jorge E. Ponce

 

Opening:         Welcome and introductions by Co-Chairs; attendees introduced themselves to the

group.  Introduction of guest speaker by Delia Johnson.

 

Guest Presenter:        Gary M. Gilbert, Esq.

(background: currently in private practice; former Chief Administrator at EEOC at the Baltimore District Office for 16 years; former legal assistant to the Secretary of the Commission of U.S. Nuclear Regulatory Commission; former litigator in Florida for one of the largest legal services in the U.S.)

 

Presented an interesting and in-depth discussion on “Evaluating a Claim for Compensatory Damage”.  Initiated presentation with review of the Landgraf decision in which the Supreme Court addressed the possibility of retroactively applying the Civil Rights Act of 1991.  In his presentation, Mr. Gilbert specifically addressed:

1) the availability of compensatory damages through Section 102 of the Civil Rights Act of 1991

2) circumstances when damages are not available

3) adding compensatory damages through the administrative process

4) why damage provisions (in Section 102) of the Civil Rights Act of 1991 are not retroactive

5) statutory limits per cap damage

6) awards based upon the size of the employer

7) types and proofs damages

8) expert witnesses and other miscellaneous matters

 

To view Mr. Gilbert’s PowerPoint presentation, click on the CompDamages2003 file.  To purchase Gary’s book on compensatory damages (2nd ed.), go to the http://informa5.iserver.net/store/merchant.mv?Screen=PROD&Store_Code=dewey&Product_Code=1-878810-87-1&Category_Code=E file. 

 

Roundtable Comments from Attendees on Interference by Offices of General Counsel on the EEO Process

 

Bonita White provided comments and observations on the survey and mentioned the efforts of the Committee designated to work with the EEOC in developing comprehensive measures for the various concerns presented.   Support of/reception to her efforts was noncommittal by EEOC, and she hoped that responses by the May 15th deadline would provide additional information.  Jorge Ponce indicated that he had forwarded the proposal assembled by the Coalition of Stakeholders on the Federal Reform Proposal on this issue to Ralph Suris at EEOC.  Delia Johnson spoke about Ms. White’s efforts to construct the format (e.g. questionnaire or survey)  regarding the interference by Offices of General Counsel on the EEO process.  Apparently some miscommunication occurred as the document was not received as Ms. White had anticipated by EEOC.

 

Ms. White provided further clarification on the issue and reiterated that when the initial discussion regarding the development of guidance on the relationships between agencies and their respective Offices of General Counsel and EEO components was held at the April 15, 2003 meeting of EEO Directors at EEOC, she informed the EEOC representative (Ralph Suris) that some sort of structure and/or format would be helpful (and necessary) in assembling and reviewing the information requested from the various agencies.  She reiterated her offer to design a questionnaire or survey to help with the coordination of the information.

 

MD-715

 

Ms. Johnson initiated a discussion about the Council’s comments to the EEOC on the Proposed MD-715.  She maintained the Council’s desire to provide comments on the instructions and informed the group that she had requested a copy of the proposal for the Council’s review and comments.  She also emphasized the Council’s participation in the Coalition for Effective Change (CEC), mentioning that the CPC frequently examines interesting topics that would be of significance to the Council.  In addition she distributed a handout on a recent module (regarding homeland flexibility) that the Department of Defense (DOD) submitted to Congress for approval.

 

The Council then had general discussion regarding:

·                                DOD handout

·                                EEOC’s lack of guidance on the No Fear Act

·                                Revisions to the 462 Report

 

Ms. Johnson announced the next meeting of the Council scheduled for June 17, 2003 (location: OPM 1900 E Street.) Agenda items for this meeting include: OPM’s new SES development program and an Update on the Federal Sector Reform.  She solicited ideas on specific topics Council members would like to have discussed and/or presented, and acknowledged comments from Council members requesting an EEO Directors’ Seminar (still in discussion stage; if held, will be tentatively scheduled for the month of July and would serve as a planning meeting for Council’s activities and direction for the next year.)  Council members were invited to the IBB’s 2nd Annual Diversity Day scheduled for May 28, 2003, and flyers for the event were distributed.

 

Closing Remarks, Questions, and Answers