LAST COUNCIL MEETING: was held on Tuesday, September 23, 2008, in the Broadcasting Board of Governors. Carlton Hadden, Director, Office of Federal Operations at EEOC, provided an EEO update. We will share additional information about the October meeting as it becomes available to us.

LATEST MINUTES POSTED. The minutes for the September 23, 2008 meeting are now posted. Mr. Carlton Hadden, Director of the EEOC Office of Federal Operations, gave an EEO update that ranged from the status of the applicant-flow form to the EEO Performance Compliance Assessment (EPCA).

NPRM. Council submitted comments on July 31, 2008, to the EEOC’s Notice of Proposed Rulemaking regarding the revisions to the federal sector, complaint processing regulations. To view the Council comments, click on NPRM July 08.

COUNCIL CO-CHAIR ADDRESSES SUMMER INTERNS. Jorge Ponce gave a speech on May 31, 2008, at the orientation of the Hispanic Association of Colleges and Universities (HACU) National Internship Program (HNIP) in Arlington, Virginia. Over 400 interns from all over the U.S. and the beautiful island of Puerto Rico were in attendance. To view the speech, click on Jorge’s Career Path 08.

SHOULD THE UNION BE PRESENT AT THE DIFFERENT MEETINGS OF THE EEO ADMINISTRATIVE PROCESS? To view the EEOC policy memo, click on FLRA Issue - EEOC Memo, while to view the Treasury Department’s policy, click on FLRA Issue – Treasury Policy.

EXECUTIVE ORDER 12067: “1-305. Before promulgating significant rules, regulations, policies, procedures or orders involving equal employment opportunity, the Commission and affected departments and agencies shall afford the public an opportunity to comment.”

EXECUTIVE ORDER 12067: “1-201. The Equal Employment Opportunity Commission … shall strive to maximize effort, promote efficiency, and eliminate conflict, competition, duplication and inconsistency among the operations, functions and jurisdictions of the Federal departments and agencies having responsibility for enforcing such statutes, Executive orders, regulations and policies.”.

CONFERENCES. For a directory of civil rights conferences in FY 08, go to http://www.usdoj.gov/jmd/eeos/events.htm.

EEOC AND OPM ISSUE SEMIANNUAL REGULATORY AGENDAS. Both were published in the Federal Register on April 30, 2007, and include all the regulations that are scheduled for review or development during the next 6 months. To view the EEOC agenda, click at http://a257.g.akamaitech.net/7/257/2422/30apr20070800/edocket.access.gpo.gov/ua070430/ua070425.txt, while the OPM agenda can be found at http://a257.g.akamaitech.net/7/257/2422/30apr20070800/edocket.access.gpo.gov/ua070430/ua070437.txt.

GAO AND NHLA REPORTS ON HISPANICS ISSUED. On August 1, 2006, the National Hispanic Leadership Agenda (NHLA) issued a report on the lack of leadership by the Office of Personnel Management in pursuing the outreach and recruitment of Hispanics in the federal sector. To view the report and the press release, click on the NHLA Report 06 and the NHLA Report 06 Press Release files. On August 7, 2006, the Hispanic National Bar Association (HNBA), the Mexican American Legal Defense and Educational Fund (MALDEF), and the Puerto Rican Legal Defense and Education Fund (PRLDEF) sent OPM a letter of concern. To view this letter, click on the OPM Letter file. On September 20, 2006, the Government Accountability Office (GAO) issued a report (GAO-06-832), entitled "Additional Insights Could Enhance Agency Efforts Related to Hispanic Representation."  Its conclusions have unleashed a tsunami of criticism within the Hispanic community.  You can view this report by clicking on http://www.gao.gov. On September 26, 2006, NHLA prepared a response to the GAO report, which can be viewed by clicking on NHLA Response to the GAO Report Sept. 06.  To view Roland Roebuck’s letter that was published in the Oct. 16. 2006 issue of the Federal Times, click on GAO Report Federal Times 06.

LATEST LIST OF MSIs and HSIs. The Office of Post Secondary Education, U.S. Department of Education has updated the list of Hispanic Serving Institutions (HSIs) and Minority Serving Institutions (MSIs). To view the list, which includes HSIs, HBCUs, TCUs, Alaska Native Serving Institutions, and Native Hawaiian Serving Institutions, click on http://www.ed.gov/about/offices/list/ocr/edlite-minorityinst.html#_edn2.

There is no definitive list of HSIs. For an explanation and to view the multiple HSI lists, go to the Minutes directory and scroll down to the Minutes 508 file.

OPM and EEOC ISSUE FINAL RULE ON THE NO FEAR ACT. On July 20, 2006, OPM issued final rules for the notification and training provisions of Title II of the No FEAR Act. To view these rules, click on http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-11541.pdf. On August 2, 2006, EEOC issued final rules on the Title III posting requirements of the No FEAR Act. To view the rules, click on http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-12432.pdf.

LATEST STATUS OF THE WORTH V. JACKSON COMPLAINT. To properly understand the key components of MD-715, EEO professionals should become familiar with this case, which is being litigated in the U.S. District Court for the District of Columbia. To view the latest status as of February 23, 2005, click on the Worth v. Jackson file. U.S. District Judge Reggie B. Walton issued a final decision on this case on July 19, 2005, which you can view by clicking on the Worth v. Jackson Final file. On June 23, 2006, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision, which you can view by clicking on Worth v. Jackson Appeal 06 file.

GAO ISSUES LONG AWAITED REPORT ON JUNE 16, 2006. The Government Accountability Office issued GAO-06-214, entitled Equal Employment Opportunity – Improved Coordination Needed between EEOC and OPM in Leading Federal Workplace EEO. To view the press release, click on http://www.gao.gov/highlights/d06214high.pdf and to download the Report click on http://www.gao.gov/new.items/d06214.pdf. Many of the recommendations that the Council and other civil rights organizations previously made to EEOC regarding MD-715 were adopted by GAO. See p. 33-34 of Report.

TELEPHONE HEARINGS AT THE EEOC SAN ANTONIO OFFICE. Based on the promise that EEOC Vice Chair Naomi C. Earp made at the April 26, 2006 meeting, following are three EEOC decision that were rendered in May 2006 that puts this issue to rest. Two of the decisions made these telephonic hearings improper because the Complainants objected at the outset of these hearings, and because the EEOC Administrative Judges lacked exigent reasons for holding them. To view these decisions, click on EEOC Case No. 1, EEOC Case No. 2, and EEOC Case No. 3.

WISE WORDS FROM THE OPM DIRECTOR. Linda M. Springer, in announcing a new strategic five-year strategic and operational plan indicated “that some goals may be difficult for OPM to achieve. As a central management agency, OPM can advise, cajole and audit federal agencies, but it cannot boss around Cabinet secretaries and agency heads.” (The Washington Post, Stephen Barr, March 10, 2006).

REORGANIZATION PLAN NO. 1 OF 1978: “By abolishing the Equal Employment Opportunity Coordinating Council and transferring its responsibilities to the EEOC, this plan places the Commission at the center of equal employment opportunity enforcement. With these new responsibilities, the EEOC can give coherence and direction to the government's efforts by developing strong uniform enforcement standards to apply throughout the government: standardized data collection procedures…” “It should be stressed, however, that affected agencies will be consulted before EEOC takes any action. “

SURVEY RESULTS RELEASED. The Council released on January 5, 2006, the results of a survey conducted among its members to assess the complaints process in the federal sector. To view the survey results, click on the Complaints Process Survey 06 file. To view the EEOC Chair’s views on reforming the complaints process at a November 9, 2005 hearing before the Government Reform Subcommittee on the Federal Workforce and Agency Organization, click on the EEOC Chair Statement 05 file. One of the Council’s Co-Chairs published an article on January 27, 2006, in Federal Times that addresses various ways to improve the EEO process in the Federal sector. To view article, click on the EEOC Reform 06 file.

OPM RELEASES NEW FORM TO COLLECT RNO DATA. On August 30, 2005, OPM released the new Standard Form 181 that will be used to collect ethnicity and race information from current federal employees. To view the SF-181 and a Question and Answer informational flyer that the Council Co-Chair prepared, click on the OPM Revised SF 181 and the OPM Revised SF 181 Q-A files.

COUNCIL CONDUCTS SURVEY OF EEOC CUSTOMER SERVICE. The Council conducted this survey in July 2005. To view the results, click on the EEOC Customer Service Survey file.

HISPANIC LEADERS INTERVIEWED ON THE SOLUTIONS NEEDED TO COUNTER THE HISPANIC UNDERREPRESENTATION CRISIS IN THE FEDERAL SECTOR. To view the article, published in the May/June 2004 issue of the Hispanic Journal, click on http://www.hispanicjournal.com/journal/2004/may_june/louis_barajas.htm. In addition, the June 27, 2005 issue of Federal Times has an Op-Ed article, written by the Council Co-Chair, dealing with the Hispanic underrepresentation in the federal sector. To view latest article, click on the Hispanics 2005 file.

SCEP COMMENTS. The Council submitted comments to the Office of Personnel Management on May 6, 2005, on the proposed rules to enhance the Student Career Experience Program (SCEP). To view the comments, click on the SCEP Comments 05 file.

CLASSIFICATION OF EEO JOBS. Per Section 1-302 of Executive Order 12067, the Equal Employment Opportunity Commission shall assist the Civil Service Commission, Office of Personnel Management, or its successor, in establishing uniform job-related qualifications and requirements for job classifications and descriptions for Federal employees involved in enforcing all Federal equal employment opportunity provisions.

COUNCIL ISSUES THE LONG AWAITED POSITION PAPER ON MD-715 ON DECEMBER 5, 2004. To put this position paper together, you need to take the following steps: 1) to print the press release, click on MD-715 Position Paper Press Release.PDF; 2) to print the cover, click on MD-715 Position Paper Cover.PDF; 3) to print the narrative part, which contains the position paper and the survey results, click on MD-715 Position Paper.PDF. To print the letters and articles that you should insert in the section labeled “MD-715 Previous Correspondence & Other Research Documents,” you should do the following: 1) click on the MD 715 Secured, MD 715 Instructions Letter, and the MD 715 Instructions Letter 04 files; and, 2) click on the Darryl Fears Article on MD-715.PDF file. Moreover, if you want to include MD-715 and the Instructions to MD-715, click on http://www.eeoc.gov/federal/md715/index.html.

NAACP LETTER ON MD-715. The NAACP sent a letter, dated September 19, 2003, to the EEOC Chair regarding the inability of non-governmental organizations to comment on MD-715, the No Fear Act, as well as to highlight its concerns on the Federal Sector Reform Proposal. To view the letter, click on the NAACP Letter 03 file. To view the similar letter on MD-715, dated April 10, 2004, click on the MD 715 NAACP Letter file.

MD-715 AND THE TRACKING OF MANAGEMENT OFFICIALS NAMED IN DISCRIMINATION COMPLAINTS. Several Council members and other civil rights and management organizations have questioned whether MD-715 called on agencies to track the names of management officials mentioned in discrimination complaints. The main concerns expressed to the Council ranged from the privacy of these individuals to the fact that the mere mention of these management officials in discrimination complaints did not equal a finding determination. Following is the passage from MD-715 that addresses this issue (Section II, Essential Elements of Model Agency Title VII and Rehabilitation Act Programs. Subsection E, Efficiency): “Use a complaint tracking and monitoring system that permits the agency to identify the location, status, and length of time elapsed at each stage of the agency’s complaint resolution process, the issues and the bases of the complaints, the aggrieved individuals/complainants, the involved management officials and other information necessary to analyze complaint activity and identify trends.”

AMERICAN JOBS CREATION ACT OF 2004 (PUBLIC LAW 108-357) IS SIGNED ON OCTOBER 22, 2004. Section 703 of this Act, also known as the Civil Rights Tax Relief provision, allows complainants receiving court awards or settlements in most employment complaints to deduct attorney’s fees. Following is an example of how the Act works. Prior to the enactment of this Act, if a complainant was awarded $100,000 in a discrimination case, he/she would have to recognize $100,000 as income, even after paying $40,000 to the attorney (if the agreement with the lawyer called for the lawyer receiving 40 percent of any recovery). Thus, assuming that the complainant’s combined tax rate was 40 percent, the complainant would be left with only $20,000 after reduction for taxes ($100,000 minus $40,000 paid to the lawyer, minus $40,000 tax). In addition, the lawyer would be taxed on his/her $40,000 payment, thus the payment would be taxed twice. Under the Act, the same complainant to determine his/her taxable income would subtract the $40,000 paid to the lawyer from the $100,000 award, arriving at a taxable recovery amount of $60,000. If the complainant’s combined tax rate was 40 percent, he/she would keep $36,000 after paying the taxes ($100,000 minus $40,000 lawyer fees minus $24,000 tax). The new law applies to settlements and judgments reached after October 22, 2004. This new Act should enhance the settlement rates, since prevailing complainants will get to keep more of the settlement proceeds and pay less taxes on the settlement amounts.

IMPORTANT GAO DECISION. On January 15, 2004, the Comptroller General of the U.S. issued a decision on the question regarding whether federal agencies are authorized to pay with appropriated funds for the food served at cultural awareness programs. To view this decision, click on http://www.gao.gov/decisions/appro/301184.htm.

SPEED UP PROGRESS ON DIVERSITY, EEOC TELLS AGENCIES. To view this article published in the June 14, 2004 edition of the Federal Times, click on the Diversity Article June 04 file.

NAACP SUBMITS LETTER ON EEO-RELATED ISSUES. On May 22, 2004, the NAACP submitted a letter to Congressmen Frank Wolf and Jose Serrano, Chair and Ranking Minority Member of the Commerce, Justice, State and Judiciary Appropriations Subcommittee regarding the EEOC handling of various EEO matters. To view the letter, click on the Wolf Serrano Letter file.

COUNCIL SENDS A LETTER TO THE NAVY SECRETARY REGARDING AN SES VACANCY ANNOUNCEMENT IN WHICH THE PERSONNEL AND EEO FUNCTIONS ARE LINKED. This is not the first time that the Council has raised this issue. For example, see the Minutes 103 file. To view the Council letter, dated January 30, 2004, click on the Navy Letter file, which the Council sent to EEOC Chair Dominguez asking for her help in this matter. [As of February 19, 2004, the EEOC Chair has not responded to the Council request for her help]. Mr. William A. Navas, Jr. (Assistant Secretary of the Navy (Manpower and Reserve Affairs)) responded on February 11, 2004, and stated that the vacancy announcement in question (Director, HR Policy and Program Dept.) would be amended by excluding the discrimination complaint functions from it. (To view the original and amended vacancy announcements, click on the Navy Vacancy 04 and the Amended Navy Vacancy 04 files). The Council Co-Chairs responded on February 18, 2004, by telling Mr. Navas that the typical EEO program consisted of both, affirmative action and complaints processing, functions. To view the February 18, 2004 letter, click on the Navy Letter Response No. 2 file. On February 18, 2004, the Council sent the last letter to EEOC Chair Dominguez asking her for intervention in this matter, per the provisions of sections 1-201 and 1-302 of Executive Order 12067. On June 7, 2004, the Council received a response from the Navy, which you can view by clicking on the Navy Letter Response No. 3 file. To view the Navy’s 2004 organizational chart, click on http://www.hq.navy.mil/mra/MRAorg.htm. To view a July 2005 letter/position paper that a Navy employee prepared, click on the Navy Letter July 05 file.

BROWN v. BOARD OF EDUCATION IS CELEBRATED. The Supreme Court’s historic decision on Brown v. Board of Education was celebrated on May 17, 2004. To view a Special Edition of the Census Bureau’s Facts for Features, click on http://www.census.gov/Press-Release/www/releases/archives/facts_for_features_special_editions/001676.html. To view the President’s remarks on the May 17, 2004 celebration, go to http://www.whitehouse.gov/news/releases/2004/05/20040517-4.html. The Smithsonian’s National Museum of American History has put together a special exhibition through May 2005 on this topic entitled Separate Is Not Equal: Brown v. Board of Education. For additional information on this exhibition, click on http://www.americanhistory.si.edu/brown/.

FEDERALLY EMPLOYED WOMEN (FEW) LAUNCHES IMPORTANT INITIATIVE. President Patricia Wolfe recently announced the launch of an interactive electronic map that provides detailed statistics on the number of federal workers in each congressional district broken out by county and agency. To visit FEW's interactive job map, go to http://eyeonwashington.com/few_map/map.html.

UNION AND CIVIL RIGHTS ADVOCATES CRY FOUL OVER EEOC CHANGES TO THE COMPLAINTS PROCESS IN THE FEDERAL SECTOR. To view the April 7, 2004 article in Government Executive Magazine, click on http://www.govexec.com/dailyfed/0404/040704sz1.htm. On April 8, 2004, EEOC defended the new proposal to process discrimination complaints in the federal sector. Under the new proposal, the parties would not be granted discovery on dismissed (red) cases and summary judgment (yellow) cases. Consequently, the parties would get a decision without a hearing without the ability to supplement the Report of Investigation. To view, the April 8 article, click on http://www.govexec.com/dailyfed/0404/040804sz1.htm.

LAWMAKERS QUESTION EEOC PLAN TO OUTSOURCE A NATIONAL CUSTOMER SERVICE CENTER WITHOUT FIRST SECURING FUNDING FOR IT. To view a March 26, 2004 article by Amelia Gruber in the Government Executive, click on http://www.govexec.com/dailyfed/0304/032604a1.htm.

COUNCIL RELEASES OGC/EEO POSITION PAPER. The Council released this position paper on March 24, 2004. To view it, click on the OGC-EEO Survey file.

LIMITED HIRING OF HISPANICS IN THE FEDERAL SECTOR IS CALLED INTO QUESTION. In June 2003, OPM released its third semi-annual report on the Statistical Information on Hispanic Employment in Federal Agencies. On August 17, 2003, Stephen Barr of the Washington Post issued an article that described the reaction to the OPM report. To view Stephen Barr, click on the Hispanics 2003 file. On March 22, 2004, Tim Kauffman wrote an article in the Federal Times on the lack of progress in recruiting Hispanics in the federal sector, which you can view by clicking on the Hispanics 2004 file.

DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM. The Council submitted comments on March 15, 2004, to this proposal, which can be viewed at http://cascade.epa.gov/RightSite/getcontent/Tempfile.pdf?DMW_OBJECTID=090007d480222323&DMW_FORMAT=pdf. To view the Council comments, click on the DHS Comments file. (E-Docket No. DHS-2004-0001-2100).

COUNCIL SENDS LETTERS TO THE WHITE HOUSE INITIATIVE ON EDUCATIONAL EXCELLENCE FOR HISPANIC AMERICANS. Letters dealt with the Council recommendations to improve the reporting requirements of Executive Order 13230. To view the letters, click on the WHIHISPANIC, WHIHISPANIC No.2, and WHIHISPANIC No. 3 files.

OFFICE OF SPECIAL COUNSEL REVIEWS ITS SEXUAL ORIENTATION POLICIES. To view the OSC press release dated Feb. 27, 2004, click on http://www.osc.gov/documents/press/2004/pr04_01.htm. Elaine Kaplan, former special counsel for the Office of Special Counsel, sent a letter to current OSC Special Counsel Scott J. Bloch on March 1, 2004, questioning his interpretation of the statute that she claims prohibits discrimination based on sexual orientation. To view Kaplan’s letter, click on http://www.hrc.org/Content/ContentGroups/News_Releases/20042/HRC_Denounces_Rollback_of_Rights_and_Possible_Cover_Up_in_U_S_Office_of_Special_Counsel.htm.

COUNCIL SUBMITS COMMENTS TO OPM ON THE PROPOSED REGULATIONS FOR THE PRESIDENTIAL MANAGEMENT INTERN (PMI) PROGRAM). To view the comments, click on the PMI Comments file.

COUNCIL SUBMITS COMMENTS TO OPM AND EEOC ON THE NO FEAR ACT INTERIM FINAL RULES. To view these documents, click on the No FEAR Act Title II and the No FEAR Act Title III files.

COUNCIL CO-CHAIR and AFGE PUBLISH LETTERS IN THE FEDERAL TIMES. To view the letter to the editor, which was published in the December 22, 2003 issue of the Federal Times and which deals with the negative portrayal by EEOC Chair Dominguez of the federal sector administrative process, click on Federal Times Article 03. You can view the AFGE letter by clicking on the Federal Times AFGE Article 03 file. The Federal Times publishes a commentary piece on January 12, 2004, written by the Council Co-Chair, which you can view by clicking the Federal Times Commentary file.

THE STATE OF THE DREAM 2004 – ENDURING DISPARITIES IN BLACK AND WHITE. United for a Fair Economy published this important publication, which you can view by clicking on http://ufenet.org/press/2004/StateoftheDream2004.pdf. Among its most important findings is that, at the current pace, African-Americans will reach high school graduation parity in 2013, six decades after the Brown v. Board of Education school desegregation decision, and college graduation parity in 2075.

AFGE ISSUES WARNING ON EEOC REFORMS. The American Federation of Government Employees (AFGE) has issued an alert memorandum and a flyer on the continuing threats that the EEOC reforms pose to the civil rights of federal employees. To view these documents, go to the AFGE No. 1 and the AFGE No. 2 files.

EEOC STRATEGIC PLAN FOR FISCAL YEARS 2004-2009 POSTED. EEOC recently posted, at http://www.eeoc.gov/plan/strategic_plan_04to09.html, its Strategic Plan for Fiscal Years 2004-2009. As part of its strategic objective 1 (Justice and Opportunity), EEOC aims to resolve 50 percent of federal sector hearings and 70 percent of federal sector appeals within 180 days. EEOC recognized that this is an ambitious goal as only 24 percent of hearings and 40 percent of appeals were completed within 180 days in 2002. It then goes on to state that “these targets reflect [its] commitment to bring about dramatic change in the federal sector process.”

GAO ISSUES DIVERSITY REPORT ON OCTOBER 15, 2003. GAO issued report entitled “Senior Executive Service – Enhanced Agency Efforts Needed to Improve Diversity as the Senior Corps Turns Over.” To view the report, go to http://www.gao.gov, and click on the More Search Options directory [on the left side of your monitors], and search GAO-04-123T. In addition, to view an October 16, 2003 article in Government Executive Magazine by Shawn Zeller, click on http://www.govexec.com/dailyfed/1003/101603sz1.htm.

RECENT EEO ARTICLES. To view three articles dealing with the EEO process and ADR that were published on August 11, 2003, by Tim Kauffman of the Federal Times, click on the Federal Times Articles file. In addition, to view Tim Kauffman’s article, which was published on August 25, 2003, on a new push by OPM to address underrepresentation in the senior ranks, click on the Diversity03 file.

REPORT ON THE PROJECT ALPHA-4 SURVEY UPDATED. This report, which was prepared for the National Association of Hispanic Federal Executives (NAHFE), documents the representation of Hispanics at grades GS-13 through SES in the federal sector. To view it, go to the projectalpha4 file. You’ll need Adobe Acrobat Reader 5.0.

HISPANICS ARE NOW THE LARGEST MINORITY GROUP. On January 21, 2003, the Census Bureau announced that Hispanics are now the largest minority group. The Latino population grew to 37 million in July 2001, up 4.7 percent from April 2000. Hispanics now comprise nearly 13 percent of the U.S. population, which grew to 284.8 million in July 2001. For the June 2003 information from the U.S. Census Bureau, go to the http://www.census.gov/population/www/socdemo/compraceho.html, http://www.census.gov/prod/2003pubs/p20-545.pdf, http://www.census.gov/Press-Release/www/2003/cb03-100.html, and the http://www.census.gov/Press-Release/www/2003/Lulacscript.htm files.

QUOTES TO REMEMBER. With the passage of the $350B tax cut bill, a senior administration official said that “the search for the perfect is the enemy of the really good.” [The Washington Post, May 24, 2003]. We suggest that you keep this quote in mind when the reports that you prepare are returned to your offices for the 1B time in search of perfection.

“Discrimination among us is more lethal than discrimination against us.” Jorge E. Ponce.

"Do not believe in anything simply because you have heard it. Do not believe in anything simply because it is spoken and rumored by many. Do not believe in anything simply because it is found written in your religious books. Do not believe in anything merely on the authority of your teachers and elders. Do not believe in traditions because they have been handed down for many generations. But after observation and analysis, when you find that anything agrees with reason and is conducive to the good and benefit of one and all, then accept it and live up to it."
--Buddha

“Unless our children begin to learn together, there is little hope our people will ever learn to live together.” The late Supreme Court Justice Thurgood Marshall writing in 1974.

A U.S. Senator rejected the argument that a government official was not legally required to testify before Congress. "There's way too much lawyering here," he said. "That's the technical world. We don't live in a technical world. We live in a real world of confidence, trust."

“In Germany they came first for the communists, and I didn’t speak up because I wasn’t a communist. Then they came for the Jews, and I didn’t speak up because I wasn’t a Jew. Then they came for the trade unionists, and I didn’t speak up because I wasn’t a trade unionist. Then they came for the Catholics, and I didn’t speak up because I was a Protestant. Then they came for me, and by that time no one was left to speak up.” Martin Niemoller (1892-1984).

“Sometimes, I feel discriminated against, but it does not make me angry.  It merely astonishes me.  How can anyone deny themselves the pleasure of my company?” Zora N. Hurston (1891-1960).

“Pick battles big enough to matter, small enough to win.” Jonathan Kozol.

“The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little.” Franklin Delano Roosevelt.

"The joke around our unit is that if they keep asking us to do more with less, eventually we'll be able to do everything with nothing." Air Force Capt. Christopher DeColli. Dec. 14, 1998.

Benjamin Franklin wrote to his mother, explaining why he had devoted so much of his time to public service by saying: “I would rather have it said, He lived usefully, than, He died rich.”

NO FEAR ACT FORMS. To view some of the forms that other agencies have developed to report their complaints information in accordance with Title III of the No Fear Act, go to the FRB Forms file, or click on http://www.mspb.gov/whatsnew/eeo_complaint_data.html or http://www.eeoc.gov/stats/nofear/index.html. You can also view the forms in an Excel spreadsheet by going to the Section 301 file. You can also find additional files at No Fear No. 1, No Fear No. 2, and No Fear No. 3. For more recent agency postings, click on http://groups.msn.com/nofearcoalition/agencies.msnw and
http://groups.msn.com/nofearcoalition/reglinks.msnw.

LATEST STATUS OF H.R. 169 (NO FEAR ACT). On April 30, 2002, Congress sent the bill to the President for his signature, and he signed it on May 15, 2002. To view the full text of Public Law 107-174, which became effective on October 1, 2003, go to the No Fear Act Public Law file. You can also view the No Fear Act background document by going to the NoFearActBackground file. To view the legislative history of the Act, click on http://www.gop.gov/committeecentral/docs/bills/107/1/bill.asp?bill=hr169.

REPRESENTATIVE CHRIS VAN HOLLEN (D-MD) SENDS LETTER TO EEOC CHAIR ON THE REFORM PROPOSAL TO THE FEDERAL SECTOR COMPLAINTS PROCESS. To view the letter, click on the Van Hollen Letter file. On April 6, 2004, EEOC responded to the Congressman’s letter, which can be viewed by clicking on the VanHollenResponseApril2004 file. On April 21, 2004, the Congressman sent another response to EEOC, which can be viewed by clicking on the VanHollenSecondResponse2004 file.

NAACP LETTER PUBLISHED IN THE AUGUST 15, 2004 ISSUE OF GOVERNMENT EXECUTIVE. This letter deals with various EEOC proposals that the Chairman of the NAACP Federal Sector Task Force objects to. To view the letter, click on NAACP Shawn Zeller Letter 04.

FEDERAL SECTOR REFORM PROPOSAL. On March 25, 2003, the Council and a coalition of civil rights, employee advocate, and other stakeholder groups submitted a letter to EEOC with its thoughts on improving the Federal EEO process. To view these documents, click on the JointEEOCLetterPressReleaseSecured and the JointEEOCLetterSecured files.

FEDERAL SECTOR REFORM PROPOSAL. The Council’s Position Paper on the Federal Sector Reform Proposal was hand-delivered to EEOC during the first week in July 2002, and you can view it by going to the Council’s Response to Reform Proposal file. The American Federation of Government Employees has also prepared a letter and a position paper on the EEOC’s Reform Proposal, which you can view by going to http://www.afge.org.

EMPLOYEE RIGHTS TO EEOC HEARINGS IN JEOPARDY. The Council has obtained a proposal called "Federal Sector Reform Proposal" under which agency investigations of EEO complaints and federal employees' rights to a hearing before EEOC administrative judges would be eliminated. This proposal would force employees who have been discriminated against to undertake an expensive federal lawsuit in order to have a hearing on their case. To view the document, go to the FederalSectorReformProposal file.

DEPARTMENT OF JUSTICE (DOJ) LEGAL GUIDANCE ON THE SUPREME COURT’S ADARAND DECISION (JUNE 28, 1995). To view it, go to the DOJAdarand file. Moreover, to view the DOJ’s Guidance on Affirmative Action in the Federal Government, dated February 29, 1996, go to the Adarand2 file. To view the 2001 Adarand decision, go to the Adarand2001 file. To view the 1995 Adarand decision, go to http://supct.law.cornell.edu/supct/html/93-1841.ZC.html.

LATEST NEWS ON THE RECLASSIFICATION OF THE 260 SERIES. On May 16, 2003, OPM indicated that at one point its staff was considering placing the GS-260/360 work in the new 1800 Job Family Standard if it was found to be a logical fit. In the fact finding, OPM determined that the 260 work was not similar enough to other "investigative or compliance" work in the GS-1800 series to warrant moving that series to the 1800 job family, so the 260 series is not be included in the final version 1800 Job Family Standard. This standard is undergoing final management review and clearance, but OPM expects that the decision not to include the 260 series in the 1800 standard will hold. In addition, OPM indicated that it is exploring an approach for combining and updating classification and qualification standards, using competencies as the point of integration. OPM intends to complete classification updates already in progress. Following the completion of those updates and implementation of an integrated competency approach, OPM will move forward with a number of critical studies.

RECLASSIFICATION OF THE 260 SERIES. To view the May 4, 2000 letter that the Council sent to OPM on this issue, go to the 260Series file. Moreover, for additional background information, go to the Announcement directory. This is a very important matter that all EEO professionals should be aware of.

GAO RELEASES IMPORTANT REPORT. GAO released on January 17, 2003, a report entitled Senior Executive Service: Enhanced Agency Efforts Needed to Improve Diversity as the Senior Corps Turns Over (GAO-03-34). To view it or download it, go to http://www.gao.gov.

DEPARTMENT OF JUSTICE, OFFICE OF LEGAL COUNSEL, OFFICE OF THE DEPUTY ASSISTANT ATTORNEY GENERAL ISSUES IMPORTANT OPINION ON JANUARY 6, 2003. Ruled that EEOC lacks authority to impose monetary sanctions (such as attorney’s fees) on federal agencies for failure to comply with AJ orders. To view opinion, go to the EEOC Monetary Sactions decision.

ACADEMIC STUDY IS RELEASED ON NOVEMBER 18, 2002. Authors found that people with names that sound African-American suffer more employment application discrimination than Anglos. To view study, go to http://www.econ.yale.edu/seminars/apmicro/am02/bertrand-021204.pdf.

SEXUAL ORIENTATION TRAINING. According to the Office of Personnel Management, Office Of Human Resource Development, check the following documents before conducting sexual orientation training in your agencies -- http://www.opm.gov/hrd/lead/policy/pl106-58.htm and http://www.opm.gov/hrd/lead/policy/eeoc915.htm.

DIVERSITY REPORT RELEASED. Pricewaterhouse Endowment for the Business of Government has released a report on diversity initiatives in the Federal Government. The title of the report is “A Changing Workforce: Understanding Diversity Programs in the Federal Government. To view it, go to http://www.businessofgovernment.org/main/winners/details/index.asp?GID=100.

REPORT ON THE EEO DIRECTORS’ CHAIN OF COMMAND IN THE FEDERAL SECTOR. The Council has released it on May 14, 2002. To view it, go to the EEODirectorsReport file. To properly view and download this report, you need to install a free copy of Adobe Acrobat Reader 5.0 by going to http://www.adobe.com/products/acrobat/readstep2.html.

NEED A SPEAKER FOR A COMMEMORATIVE EVENT. Check http://www.apbspeakers.com. For information about Dr. Samuel Bentances, check http://www.betances.com. For information about procuring a speaker with a disability, check http://www.damonbrooks.com, while for the Association for Adult Musicians with Hearing Loss, click on http://www.aamhl.org/.

EEOC DECISIONS ARE NOW AVAILABLE ON THE INTERNET. To access this free service, go to http://www.eeoc.gov/federal/decisions.html.

LIST OF EEO PROVIDERS. To view list, go to the Training file.

DATA GATHERING. The Off ice of Management and Budget approved new standards for the classification of Federal data on race and ethnicity on October 30, 1997. Federal agencies have been given until January 1, 2003, to implement these standards. To review the 1997 standards, go to http://www.whitehouse.gov/omb/fedreg/ombdir15.html. A draft provisional guidance on the implementation of the new RNO standards was published on February 17, 1999, and nothing has been issued since then (last checked in May 2000). You can view the implementation guidance at http://www.whitehouse.gov/omb/inforeg/race.pdf. Stay tuned to this issue as it will have major implications on how this data is collected and on modifications that you’ll have to make on your statistical-gathering systems. The latest publication on this issue is OMB Bulletin No. 00-02, Guidance on Aggregation & Allocation of Data on Race for use in Civil Rights Monitoring & Enforcement (March 9, 2000). To view it, go to http://www.whitehouse.gov/omb/bulletins/b00-02.html. According to latest information as of October 2003, the Census Bureau will release its EEO files with the 2000 Census data in December 2003.

COUNCIL POLICY ON DISTRIBUTION OF ITS MEMBERSHIP LIST. To view it, go to the Membership file.