C4 cnewsletter[jan2015]
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. . . . The Official Personnel File (OPF) is a single personnel folder that documents all Federal civilian service for a particular individual. A notification of personnel action (SF-50) is put into the OPF for all appointments and separations (as well as many other personnel actions). OPFs are a system of records subject to both the Privacy Act and the Freedom of Information Act (FOIA). Agencies are authorized to respond to information requests from the public on all Official Personnel Folders.
A QUOTE FROM . . .
A QUOTE FROM. . .
C4C Pledge: Moving Forward - Addressing Race Discrimination and Retaliation in 2015
Tanya Ward Jordan, Founder –C4C
During the month of January, we celebrate
Dr. Martin Luther King (MLK) Jr. Day, an
American holiday honoring one of the most
influential and iconic civil rights leaders. MLK day
is celebrated each year on the third Monday of
January, near Dr. King’s birthday of January 15th.
At this time in history, the Coalition For Change,
Inc. (C4C) members renew their commitment to
address “race” discrimination and “retaliation” in
the federal sector.
Although Title VII of the Civil Rights Act of 1964
made it unlawful to discriminate based on race,
color, religion, sex, or national origin, the U.S.
federal government continues to engage in
discriminatory treatment. The Equal Employment
Opportunity Commission continues to report, via
the Annual Report on the Federal Workforce, that
race “Black” is the most common bases reported
when filing employment complaints. During 2015,
the C4C will continue to support its members with
information and fellowship support; move forward
with members of the Committee on Government
THE C4C FEDERAL EXCHANGE THE COALITION FOR CHANGE, INC. (C4C)
MONTHLY NEWSLETTER
ISSN 2375-706 X Volume 02 /No.1, January 2015
DEDICATION: C4C dedicates this edition of C4C Federal Exchange to Dr. Martin Luther King, Jr. – An Iconic Civil Rights Activist, A Man of Service
Play Musical VIDEO -- http://youtu.be/uD4NLtvwTU0
HIGHLIGHTS IN THIS ISSUE:
RATE YOUR BOSS 2
IN THE SPOTLIGHT: Felton Batiste, Jr. 3 IN THE NEWS: Janet Howard and Joyce Megginson Strike A Successful Blow For Feds 3 “Fergusons” In America – Douglas Kinan 5
HIGHLIGHTS IN THIS ISSUE:
“ALLEGED” DISCRIMINATING OFFICIALS 2 VIDEO: CONGRESS EXAMINES THE TREATMENT OF WHISTLEBLOWERS 3 FORMER CENSUS EMPLOYEE FILES $6.53 MILLION DOLLAR TORTS CLAIM 4 NINE (9) REASONS WHY AGENCIES DISMISS COMPLAINTS 6 VIDEO: C4C MEMBERS ADDRESS HOSTILE WORKPLACE CULTURE 7
“A lie cannot live.” Dr. Martin Luther King
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and Oversight Reform to promote accountability
measures for unlawful violations; and actively
monitor the seven (7) federal entities, listed
below, compliance with civil rights laws.
These entities, according to data provided by
the Bureau of the Census, have the largest
federal civilian employment population.
Federal Entity Workforce
(2010)
Blacks % of
Workforce (2010)
Defense 772,601 * Veterans Affairs
304,665 23.8%
Homeland Security
183,455 14.3%
Justice 117,916 16.9% Treasury 110,099 24.2%
Agriculture 106,867 11% Interior 70,231 5.6%
Workforce data source: Click Census Link HERE
Blacks % of permanent workforce source: OPM click HERE
* Army --17% / Air Force 11.8%
Rate Your Boss!
“Founded in 2007, eBossWatch is a leading career resource that enables job seekers and employees to share information about prospective and current employers. ebossWatch enables people to anonymously review and rate their bosses and employers so that job seekers can search potential workplaces and can access inside information about what it's really like to work here.” http://www.ebosswatch.com/Rate-my-boss-review
The Job Accommodation Network (JAN) Jan is the leading source of free, expert, and confidential guidance on workplace accommodations and disability employment issues. http://askjan.org/
CASE HIGHLIGHTS
University of Texas Southwestern Medical Center v. Nassar
No. 12–484 (June 24, 2013)
The ruling in Nassar means that employees will now need to show that a retaliatory motive was “the principal” or but-for cause of an adverse employment decision to recover. That is a more difficult standard of proof and may result in fewer retaliation claims making it before juries and fewer favorable jury verdicts. Read more by clicking HERE.
Rhoads v Federal Deposit
Insurance Corporation (FDIC) 98-2374 (Decided: July 12, 2001)
Background: Lori D. Rhoads appealed a judgment rendered against her on her claims under the Family and Medical Leave Act (FMLA); the Americans with Disabilities Act, (ADA); and Maryland state law. The district court granted summary judgment to the FDIC, as Rhoads's former employers, on her ADA claims -- for failure to make reasonable accommodations, discriminatory termination, and retaliation as well as the state law claims. A jury later found in the FDIC's favor on the FMLA claim and, and the court denied Rhoads's motion for judgment as a matter of law or, alternatively, for a new trial. The Court of Appeals For the Fourth Circuit affirmed the district court in every respect except for its award of summary judgment on the ADA retaliation claim, which it vacated and remanded for further proceedings. On remand, Rhoads was awarded $120,006 in back pay from the jury. Rhoads v. FDIC, 257 F.3d 373 (4th Cir. 2001). Read more by clicking HERE.
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IN THE SPOTLIGHT
Felton Batiste, Jr.
Felton Batiste, Jr., who served in the U.S. Marine Corps, continues to give a voice to those who seek to speak out against injustice both inside and outside of the workplace. As founder and designer of ASKFMB.com, Mr. Baptiste provides “information” on any and all subjects. Via ASKFMB Mr. Baptiste uses his skills and knowledge to help others by providing an on-line vehicle to share insightful topics. Interested in getting your voice heard? Visit link at http://askfmb.com/contactform.html
Quote: Conscious Peace
Is More Valuable Than A Job
Felton Batiste on Activism—“I describe my
actions in support of others as “serving
others.” It’s amazing what one could feel when
releasing the internal conscious burden of a
harm that has taken place somewhere in their
lives and this release can be realized by simply
writing down thoughts and seeing these
thoughts somewhere for all to see. I simply
provide that forum; design the physical
presentation, thereby facilitating the experience
of individual and personal release of a
conscious burden.”
Update: Last American Plantation
The Last American Plantation is a short
documentary film by Arts, Trade & Lifestyle
Media Group, Inc. about the United States
Department of Agriculture (USDA) and it's
widely known discriminatory practices towards
minority farmers and employees. Producer,
Miles J. Edwards, has informed C4C that he is
still working on trying to obtain funding for the
documentary and has revamped his web
magazine to attract advertisers to help with
funding.
See trailer at http://vimeo.com/81299949
IN THE NEWS
Janet Howard and Joyce Megginson Strike a
Successful Blow for Federal Employees!
Joyce E. Megginson (L.) and Janet Howard (R.)
Howard, Megginson v Pritzker-Department
of Commerce
Decided January 6, 2015
No. 12-5370
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Civil rights activists and former Class agents in
a class action against the U.S. Department of
Commerce, Janet Howard and Joyce E.
Megginson, appealed the dismissal of their
complaint on the grounds that the district court
erred in failing to adhere to the time limits in
Title VII of the Civil Rights Act of 1964, 42
U.S.C. 2000e et seq. Earlier this month the
Court of Appeals held that the six-year statute
of limitations for suits against the United
States, 28 U.S.C. 2401(a), does not apply to
claims filed pursuant to Title VII as amended to
apply to federal employees.
Because the district court (Judge John D.
Bates) erred in applying section 2401(a)'s six-
year statute of limitations to appellants' Title
VII claims, the Court of Appeals reversed and
remanded Howard’s and Megginson’s
complaint to the district court for
consideration.
READ MORE –Click HERE
MUST READ
Professional Misconduct: DOJ Could Strengthen Procedures for Disciplining Its Attorneys GAO-15-156: Published: Dec 11, 2014. Publicly Released: Dec 11, 2014. Instances of professional misconduct—such as a violation of an attorney’s responsibilities to be honest—among DOJ attorneys have called into question DOJ’s efforts to oversee attorney behavior, including its processes for investigating and disciplining misconduct complaints. READ MORE –Click HERE
ALLEGED DISCRIMINATING OFFICIALS
Department of Interior (MSPB CH-3443-14-0264-1-1)
Timothy Patronski Chuck Traxler
Charlie Wooley
Customs and Border Patrol Case HS-09-CBP-002184-00100
James Tomscheck
General Services Administration
Case No. 12–5107
Michael Vrobel
Nuclear Regulatory Commission
Civil Action No. JFM-13-3190
Gary Simpler
Federal Bureau of Prisons
Agency No. BOP-2010-0869
John Owens
Officials cited in an employment discrimination lawsuit may or may not have been found guilty of alleged acts; however, cases reflect an agency’s failure to resolve claims
timely and at the lowest administrative level.
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“Fergusons” in America
by Douglas K. Kinan Based on my direct knowledge, I conclude that the cause of racial unrest and the "Fergusons" in America (and those yet to come) are due to a few bad apples in the Department of Justice (DoJ) and law enforcement in general. Their role in aiding and abetting pattern and practice discrimination across America and other malicious acts and then using their might and unlimited resources to complete a fraud on the court, over and over again needs to stop. In my view, and according to the statistical context, the police are right 99.9% of the time, but perhaps not in the Brown and Garner cases. Even if we give the benefit of the doubt to some news reports that Brown was a recidivist "thug," no unarmed 18 year old kid, black, brown or white, should have six bullets pumped into him for any reason - none. In Brown, there were other options. In Garner, the issuance of a citation was appropriate. Both Brown and Garner have no business being dead. Consider this: Wall Street bankers stole billions of dollars, destroyed lives and left many homeless. The penalty? Many of these same individuals divided additional bonuses in the millions of dollars. None were arrested. None went to jail. Eric Garner may have lost his life via a stealth chokehold for selling loose cigarettes for pennies. While the majority of police and prosecutors are honest and necessary, “bad apples” have no business being in law enforcement and need to be removed. Decent law enforcement members who are forced to endure the taint of corruption would agree with removing these few bad apples, if the “code of silence” were lifted. However, speaking up is career suicide. Retaliation is swift and severe. Thus, “legal” law breaking continues because no one is watching the watch-dogs. Transparency did not occur in Brown and Garner, which seemed to set off violent protests across America.
Photo courtesy of Matthew F. Fogg
One example of “what” is not being discussed would be the biggest promotion fixing scheme in federal government history designed to cheat minorities (and females) out of merit based promotions, yet the Civil Rights Division of the DoJ and the Equal Employment Opportunity Commission (“EEOC”) does nothing to stop it. The shame of it all is that many better qualified females and minorities are forced to attain a “merit-based” promotion, not on their merit, but via Title VII and the EEOC complaint process. Discriminatory practices shouldn't be allowed by any "justice" system or any court of law in America, yet it happens over and over again. Prosecutorial misconduct in the form of fabricating evidence, felony perjury, concealing information, obstructing justice and other abuses of power are a perverted form of justice that hurts us all. Meet The Press moderator, Chuck Todd, asked: “Are we no better off [regarding racial matters in America] than we were six years ago?” Based on my approximate 45 years of experience with equal employment opportunity and corporate and public sector racial matters, panel member, Professor Ogletree was correct when he said, “It is worse now.”
But who will stop it? About The Author: Douglas K. Kinan, is a Viet Nam Era veteran, a former DoD EEO Specialist and Black Employment Program Manager, former Human Resources Director, a retired sworn and commissioned officer of the Massachusetts Trial Court, a public service Community Advocate and currently sits on the Board of Directors for the Boston State Hospital project.
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Have you missed A C4C EXCHANGE newsletter?
If so click here.
C4C Federal Exchange Newsletter is
distributed monthly to C4C members and
posted via internet to readers interested in
learning more about the federal workplace
culture. Interested in submitting narrative for
possible publication? E-mail T. Ward Jordan
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