— Domani Spero
On May 15, 2002, then-President Bush signed into law the Notification and Federal Employee Anti-Discrimination and Retaliation (No FEAR) Act to increase federal agency accountability for acts of discrimination or reprisal against employees. This act requires that federal agencies post on their public Web sites certain summary statistical data relating to equal employment opportunity complaints filed against the respective agencies. This data is updated quarterly. The report ending on September 30, 2013 is posted below. This data is maintained and published by State/OCR and originally posted at state.gov here.
We should note that the Secretary of State has delegated both tasks of advancing diversity within the Department and ensuring equal opportunity to all employees to the Director of the Office of Civil Rights (S/OCR), an office headed by John M. Robinson since March 3, 2008.
The total final finding of discrimination from 2008 to-date at the State Department has been one case of reprisal in 2011 out of 133 complaints, one case on race in 2012 out of 133 complaints and one case based on sex discrimination out of 152 complaints in the current year. Three cases of discrimination in favor of the complainant (two with a hearing and one without a hearing) in the last six years? Single digit finding for the plaintiffs is not unheard of, is it?
If you are an employee with a possible EEO case, this FY2013 statistics is not hopeful.
Number of complaints: 152
Top five (complaints by basis):
reprisal (75), race (50), sex (40), disability (40)
age (36), national origin (21)
Top five (complaints by issue):
disciplinary action (20)
assignment of duties (19)
Total Final Agency Action Finding Discrimination: 1
The average number of days in investigation is 276.89 days, the average number of days in final action is 259.14. When hearing was not requested, the average number of days in final action is 319.50 days. Take a look.
The State Department has 13,787 Foreign Service employees and 10,787 Civil Service employees working domestic and 275 overseas missions as of March 2013. The S/OCR data does not include a breakdown of cases by employee type.
Also we were curious how other agencies handle this No Fear Act statistical requirement. We found the Department of Treasury quite more elaborate in its reporting than the State Department. For instance, in FY2012, Treasury closed 61 EEO complaints with monetary corrective actions, totaling $792,477 in back pay/front pay, lump sum payments, compensatory damages, or attorney’s fees and costs. The monetary component in the State Department’s report is not even discussed. At one point we were following the litigation between FSO Virginia Loo Farris and the State Department (See Farris v. Clinton: Race/Gender Discrimination Case Going to Trial). On March 12, 2009, United States District Judge Ricardo M. Urbina granted the defendant’s (Clinton/State Department) renewed motion for summary judgment with respect to Virginia Loo Farris’ retaliation claims but denies it with respect to the her discrimination claims. In October 2010, the case was dismissed after a settlement was reached between Ms. Farris and the State Department. Details of the settlement were not released.
Anyway, check out the FY2012 report from the Treasury Department here, the year-end data for the five previous fiscal years for comparison purposes actually are quite informative and includes real numbers besides zeros and ones. It also includes the number of judgement for plaintiff (2), number of employees disciplined for discrimination, retaliation, harassment, or any other infraction under the cited law (33), analysis of the complaints, data on counseling and alternative dispute resolution. The State Department’s No Fear Act report is absolutely bare bones, although it’s not alone in doing so.
If State/OCR has submitted a separate report to Congress detailing more fully its handling of EEO complaints in the State Department, including monetary corrective actions, we would like to see that information available to the public.
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