#EXPOSEEEOC What's Your Story?
The Civil Rights Act of 1964 (Title VII) created the Equal Employment Opportunity Commission (EEOC). The EEOC is to explain and apply federal laws barring workplace discrimination. However, many workers say the federal agency flops at achieving its mission. The Coalition for Change, Inc. (C4C), an advocacy group with individuals harmed due to federal workplace discrimination, often receives complaints about the EEOC’s shortcomings. Present and former federal employees repeatedly raise the following three concerns that prompt the question:
“What’s equal about Equal Employment Opportunity Commission (EEOC)?
The EEOC Unequally Applies Federal Sector EEO Complaint Guidelines. - The EEOC’s Federal Sector Equal Employment Opportunity (EEO) complaint guidelines are in the Code of Federal Regulations (CFR). Specifically, 29 CFR 1614 sets the guidelines federal employers and federal employees are to follow when one raises an employment discrimination claim. However, the EEOC enforces the guidelines lopsidedly. For example, the EEOC’s guidelines require agencies to investigate and issue a report to the complainant “within 180 days” of the complaint filing. Yet, agencies commonly ignore the 180-day fact-finding requirement; and the EEOC commonly ignores when agencies fail to comply. The EEOC is fully aware that a double standard exists. According to a Government Accountability Office (GAO) 2009 report, an EEOC Commissioner once admitted “complaint would be dismissed if a complainant missed any of the deadlines” (GAO-09-712, Equal Employment Opportunity, August 2009, p.12).
The EEOC Routinely Fails to Refer Discrimination Cases For Disciplinary Action. - In 1988, the EEOC created a Memorandum of Understanding (MOU) with the Office of Special Counsel (OSC). The MOU states: “the EEOC shall refer to the OSC enforcement action cases in which the EEOC finds that an agency or an officer or employee thereof has discriminated against any employee or applicant for employment.” The C4C spoke with EEOC’s Carlton Hadden, Director-Office of Federal Operations, about the enforcement agency’s failure to use the MOU. In reply Director Hadden, stated the “EEOC has the authority to refer cases to the OSC for potential employee disciplinary action. The C4C made a Freedom of Information Act (FOIA) inquiry to both the OSC and the EEOC to assess how often, if at all, the EEOC referred cases to the OSC. The C4C uncovered the “enforcement agency” had made “0” referrals to the OSC for the period of inquiry.#EXPOSEEEOC CAMPAIGN
Given the serious concerns EEO practitioners, federal employees, and others raise about the enforcement agency, the Coalition For Change, Inc. (C4C), launched its #EXPOSEEEOC campaign. The campaign focuses on promoting accountability within the EEOC and is discussed further on our Facebook page at https://www.facebook.com/pg/coalitionforchangec4c #EXPOSEEEOC What's Your Story?
