@StateDeptSpox: “State is among the most diverse of government agencies …”

TPM reports that the State Department spokesperson argued on Twitter that “The assertion that @StateDept is ‘racist’ is disgusting and false—a brazen attempt to create division for domestic political gain,” an apparent reaction to a letter from House Democrats and a CNN editorial arguing that a senior department official had improperly worked to remove anti-racism rhetoric from a UN document.

Also ICYMI: Former Senior Diplomat Uzra Zeya Blasts @StateDept’s Diversity Slide, and More

Now, Ms. Nauert claimed that “State is among the most diverse of government agencies, employing a workforce from every part of America and every region of the globe.” First, it’s really nice to see that local employees from around the globe are considered employees when necessary but not really when it comes to EEO regulations (see Baloun v. Kerry: U.S. Equal Employment Protection Do Not Cover Foreign Employees of U.S. Embassies). Second, the official word is (since it’s from the spox) that the State Department is among the most diverse of government agencies. Yo, is it? Really, really, really?

CRS report dated May 2018 states that “senior officials at the Department of State, some Members of Congress, and others have long maintained that the demographic makeup of the Foreign Service is not sufficiently representative of the American people with respect to race, gender, socioeconomic background, and regional origin.” That report also notes that Secretary Pompeo has not commented on former Secretary Tillerson’s diversity-related priorities or indicated what diversity-related priorities he may pursue.110

CRS  report R45168 dated August 2018 on State Ops and FY2019 Budget and Appropriations notes the following about diversity at State:

Former Secretary Tillerson prioritized efforts to promote diversity in the Foreign Service.16 Secretary of State Mike Pompeo, who replaced Tillerson in April 2018, has commented that “the State Department’s work force must be diverse … in every sense of the word” and indicated that he will be engaged on diversity matters.17

The Human Resources funding category within D&CP provides funding for the Charles B. Rangel International Affairs and Thomas R. Pickering Foreign Affairs fellowship programs to promote greater diversity in the Foreign Service, as authorized by Section 47 of the Department of State Basic Authorities Act (P.L. 84-885). While Congress required the State Department to expand the number of fellows participating in the Rangel and Pickering programs by 10 apiece pursuant to Section 706 of the Department of State Authorities Act, 2017 (P.L. 114-323), it has provided the department the discretion to fund these programs at levels it deems appropriate from monies appropriated for Human Resources. The House and Senate committee bills would continue to provide such discretion. The House committee report indicates support for department efforts to increase diversity in hiring, including through the Rangel and Pickering programs. It also encourages the Secretary of State to explore more opportunities to further the goal of increasing workforce diversity.18 The Senate committee report recommends the continued expansion of the department’s workforce diversity programs and directs that qualified graduates of the Rangel and Pickering programs shall be inducted into the Foreign Service.19

Take a look at the agency’s diversity stats as of June 30, 2018 below (the original document is available here via state.gov).

Department of State-Diversity Statistics Full-Time Permanent Workforce | As of 06/30/18

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Former Senior Diplomat Uzra Zeya Blasts @StateDept’s Diversity Slide, and More

Career diplomat Uzra Zeya previously served as the Deputy Chief of Mission at the US Embassy in Paris. Previous to that, she was the Principal Deputy Assistant Secretary of the Bureau of Democracy, Human Rights and Labor (DRL).  She has over two decades of policy experience in the Department, where she has focused on the Near East and South Asia regions and multilateral affairs. Since joining the Foreign Service in 1990, Ms. Zeya’s overseas assignments have included Paris, Muscat, Damascus, Cairo, and Kingston. Ms. Zeya also served as Chief of Staff to Deputy Secretary of State Bill Burns, where she supported a range of policy initiatives, ranging from the U.S. response to transitions in the Middle East to deepening engagement with emerging global powers. Other assignments include serving as Minister Counselor for Political Affairs at the U.S. Embassy in New Delhi, Deputy Executive Secretary to Secretaries Rice and Clinton, Director of the Executive Secretariat Staff, and as UNGA coordinator for the International Organizations bureau.  Below is an except from the piece she wrote for Politico.

Via Politico: Trump Is Making American Diplomacy White Again

I worked at the State Department for 27 years and was proud to watch it become more diverse. Until President Trump

In 2017, as the media ran out of synonyms for “implosion” in describing Rex Tillerson’s tenure as secretary of state, a quieter trend unfolded in parallel: the exclusion of minorities from top leadership positions in the State Department and embassies abroad.

This shift quickly became apparent in the department’s upper ranks. In the first five months of the Trump administration, the department’s three most senior African-American career officials and the top-ranking Latino career officer were removed or resigned abruptly from their positions, with white successors named in their places. In the months that followed, I observed top-performing minority diplomats be disinvited from the secretary’s senior staff meeting, relegated to FOIA duty (well below their abilities), and passed over for bureau leadership roles and key ambassadorships.
[…]
Although the department did not dispute the decline in minority and female ambassador nominees, an official said the percentage of African Americans, Hispanics and women hired as Foreign Service officers had increased from 2016 to 2017. That’s an encouraging sign at the entry level, but it does not address reduced minority representation at the senior level. With dozens of ambassadorial and other senior positions vacant, there is still time for Secretary Pompeo to reverse the slide in diversity among the department’s leadership; it’s worth noting that the Trump administration is not even two years in, while Obama and Bush each had eight years to shape the department’s top ranks. But up to now, Foggy Bottom’s upper echelons are looking whiter, more male and less like America.
[…]
In my own case, I hit the buzz saw that Team Trump wielded against career professionals after leading the U.S. Embassy in Paris through three major terrorist attacks over three years and after planning President Trump’s Bastille Day visit. Upon returning to Washington, as accolades for the president’s visit poured in, I was blocked from a series of senior-level jobs, with no explanation. In two separate incidents, however, colleagues told me that a senior State official opposed candidates for leadership positions—myself and an African-American female officer—on the basis that we would not pass the “Breitbart test.” One year into an administration that repudiated the very notion of America I had defended abroad for 27 years, I knew I could no longer be a part of it, and I left government earlier this year.
[…]
[I]t is difficult to leverage diversity with a Senior Foreign Service that remains 88.8 percent white and more than two-thirds male. If the State Department is not going to acknowledge this problem, Congress should insist on a serious commitment to diversity in American diplomacy from Secretary Pompeo—by demanding answers for the slide in minority and female senior representation at State, accountability if any officials have violated equal opportunity laws, prohibitions on political retaliation and protections for employees who report wrongdoing.

 

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Burn Bag: @StateDept’s Reasonable Accommodation For a Pregnant Diplomatic Courier?

Via Burn Bag:

Pregnant diplomatic courier told to use a portable travel toilet, undress in the presence of LES driver and urinate in the back of the truck. This is the best accommodation her supervisor and DRAD* could come up with. Another example of **pregnancy discrimination that is running rampant in the State Department.

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Physical requirements  via careers.state.gov:

A Diplomatic Courier must have the physical endurance to withstand the physical stresses from working long hours, lack of sleep, extremes of heat or cold, and other discomforts and the physical strength to lift and move heavy and/or oversized items such as diplomatic pouches and crates that may weigh as much as 70 pounds or carry heavy equipment. A Diplomatic Courier is required to perform work that requires regular and recurring periods of prolonged sitting, standing, bending, and stretching and is often required to physically move and transport heavy items; that could involve climbing ladders and working in and around aircraft, trucks, trains, aboard ships, etc. Related activities include crawling, maneuvering, and working in cramped spaces.

3 FAM 3350 | LEAVE AND REASSIGNMENT OF DUTIES FOR MATERNITY AND PATERNITY REASONS

* HR/OAA/DRAD is the Disability and Reasonable Accommodations Division in the Office of Accessibility and Accommodations, Bureau of Human Resources at the State Department

** The Pregnancy Discrimination Act of 1978 is an amendment to Title VII of the Civil Rights Act of 1964.  Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. See more: https://fam.state.gov/fam/03fah03/03fah030110.html#H112

 

What’s the difference between sexual abuse, sexual assault, sexual harassment and rape?

Sarah L. Cook, Georgia State University; Lilia M. Cortina, University of Michigan, and Mary P. Koss, University of Arizona

 

The terms “sexual abuse,” “sexual assault,” “sexual harassment” – and even “rape” – crop up daily in the news. We are likely to see these terms more as the #MeToo movement continues.

Many people want to understand these behaviors and work to prevent them. It helps if we are consistent and as precise as possible when we use these terms.

But what does each term mean?

We are three scholars who have specialized in the scientific study of sexual abuse, rape, sexual assault and sexual harassment over several decades. Let’s start by defining each of these terms. Then, we can look at how these behaviors sometimes overlap.

Sexual abuse

The term that has been in the news most recently with reference to sports doctor Larry Nassar’s trial is sexual abuse, a form of mistreating children. Sexual abuse is mainly used to describe behavior toward children, not adults.

All 50 states have laws that recognize that children are not capable of giving informed consent to any sex act. In the United States, the age at which consent can be given ranges from 16 to 18 years.

Sexual abuse can include many different things, from touching a victim in a sexual manner to forcing a victim to touch the perpetrator in a sexual way to making a victim look at sexual body parts or watch sexual activity. Sexual abuse of a child is a criminal act.

Rape

In 2012, the FBI issued a revised definition of rape as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” The revised law is gender neutral, meaning that anyone can be a victim.

When carefully examined, the FBI definition does not look like most people’s idea of rape – typically perpetrated by a stranger through force. The FBI definition says nothing about the relationship between the victim and the perpetrator and it says nothing about force. It does, however, say something about consent, or rather, the lack of it. Think about consent as your ability to make a decision about what happens to your body.

A perpetrator can compel a victim into a penetrative sex act in multiple ways. A perpetrator can ignore verbal resistance – like saying “no,” “stop” or “I don’t want to” – or overpower physical resistance by holding a person down so they cannot move. A person can penetrate a victim who is incapable of giving consent because he or she is drunk, unconscious, asleep, or mentally or physically incapacitated; or can threaten or use physical force or a weapon against a person. Essentially, these methods either ignore or remove the person’s ability to make an autonomous decision about what happens to their body. State laws vary in how they define removing or ignoring consent.

Perpetrators can’t defend against charges of rape by claiming they were drunk themselves or by saying they are married to the victim.

Sexual assault

Rape and sexual assault have been used interchangeably in coverage of events leading to the #MeToo movement, and this practice, though unintentional, is confusing. In contrast to the specific criminal act of rape, the term sexual assault can describe a range of criminal acts that are sexual in nature, from unwanted touching and kissing, to rubbing, groping or forcing the victim to touch the perpetrator in sexual ways. But sexual assault overlaps with rape because the term includes rape.

Social and behavioral scientists often use the term “sexual violence.” This term is far more broad than sexual assault. It include acts that are not codified in law as criminal but are harmful and traumatic. Sexual violence includes using false promises, insistent pressure, abusive comments or reputational threats to coerce sex acts. It can encompass noncontact acts like catcalls and whistles, which can make women feel objectified and victimized. It includes nonconsensual electronic sharing of explicit images, exposure of genitals and surreptitious viewing of others naked or during sex.

Sexual harassment

Sexual harassment is a much broader term than sexual assault, encompassing three categories of impermissible behavior.

One is sexual coercion – legally termed “quid pro quo harassment” – referring to implicit or explicit attempts to make work conditions contingent upon sexual cooperation. The classic “sleep with me or you’re fired” scenario is a perfect example of sexual coercion. It is the most stereotypical form of sexual harassment, but also the rarest.

A second, and more common, form of sexual harassment is unwanted sexual attention: unwanted touching, hugging, stroking, kissing, relentless pressure for dates or sexual behavior. Note that romantic and sexual overtures come in many varieties at work, not all of them harassing. To constitute unlawful sexual harassment, the sexual advances must be unwelcome and unpleasant to the recipient. They must be “sufficiently severe or pervasive” to “create an abusive working environment,” according to the U.S. Supreme Court.

Unwanted sexual attention can include sexual assault and even rape. If an employer were to forcibly kiss and grope a receptionist without her consent, this would be an example of both unwanted sexual attention and sexual assault – both a civil offense and a crime.

Most sexual harassment, however, entails no sexual advance. This third and most common manifestation is gender harassment: conduct that disparages people based on gender, but implies no sexual interest. Gender harassment can include crude sexual terms and images, for example, degrading comments about bodies or sexual activities, graffiti calling women “cunts” or men “pussies.” More often than not, though, it is purely sexist, such as contemptuous remarks about women being ill-suited for leadership or men having no place in childcare. Such actions constitute “sexual” harassment because they are sex-based, not because they involve sexuality.

Come-ons, put-downs: They’re both bad

In lay terms, sexual coercion and unwanted sexual attention are come-ons, whereas gender harassment is a put-down. Still, they are all forms of sexual harassment and can all violate law, including Title VII of the Civil Rights Act of 1964.

Historically, social attitudes towards all these hostile actions have assumed a continuum of severity. Sexist graffiti and insults are offensive, but no big deal, right? Verbal sexual overtures cannot be as bad as physical ones. And, if there was no penetration, it can’t have been all that bad.

These assumptions do not hold up to scientific scrutiny, however. For example, researchers at the University of Melbourne analyzed data from 73,877 working women. They found that experiences of gender harassment, sexist discrimination and the like are more corrosive to work and well-being, compared to encounters with unwanted sexual attention and sexual coercion.

We have tried to clarify terms that are now becoming household words. Of course, life is complicated. Abusive, assaulting or harassing behavior cannot always be neatly divided into one category or another – sometimes it belongs in more than one. Nevertheless, it is important to use terms in accurate ways to promote the public’s understanding. The Conversation

Finally, we take heed that society is in a period like no other and one we thought we would never see. People are reflecting on, and talking about, and considering and reconsidering their experiences and their behavior. Definitions, criminal and otherwise, change with social standards. This time next year, we may be writing a new column.

Sarah L. Cook, Professor & Associate Dean, Georgia State University; Lilia M. Cortina, Professor of Psychology, Women’s Studies, and Management & Organizations, University of Michigan, and Mary P. Koss, Regents’ Professor of Public Health, University of Arizona

This article was originally published on The Conversation. Read the original article.

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In related news — harassment at the State Department affects not just FSOs, not just Foreign Service employees, but also Civil Service employees, and contractors (remember the Female Contractor at DS Training Center who was reportedly fired 3 hours after filing a harassment complaint?) Click here for our prior posts on sexual harassment, and here for our posts on sexual assaults and rape.

And, the long rumored FP piece is finally out.

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@StateDept’s Mandatory Harassment Training Overview (Video)

Posted: 3:17 am ET

 

Below is an unlisted video uploaded on February 2, 2018 by the “DMO Team” (?) that talks about the Mandatory Harassment Training ordered by Secretary Tillerson at the State Department. The presenter is Pamela Britton, an Attorney-Adviser from the Office of Civil Rights (S/OCR) at the State Department.

Around the 22 minute mark, the presenter talks about the reporting trends on harassment – saying that it has increased dramatically over the past four years FY2014 (235), FY2015 (320), FY2016 (365), FY2017 (483) but also notes that S/OCR “does not believe that the number of reports are equivalent to the number of actual behavior increasing” or that there’s “an uptick in poor behavior.”  They’re tying the increase in reporting “to the fact that people are now more informed of what to do, how to report, and what should be reported.” Supervisors are reportedly now better informed of their mandatory reporting requirement. Also that there is less tolerance for behavior that may have been tolerated 20 years ago. One more thing to note. Majority of reports are reportedly from overseas, and a significant number of alleged harassers are at the GS-14/FS-02 and higher ranking employees.

This video also cites two EEOC cases from DHS and the U.S. Navy. Whoever put this video together somehow forgot the sexual harassment case at FSI that S/OCR determined was not a sexual harassment case, but where the EEOC eventually found the State Department liable: @StateDept to Hold “Harassment in the Workplace” Session But First, Read This FSI Sexual Harassment Case). And here’s another one: Sexual Assault at a State Dept-Leased Apartment: If This Isn’t Abysmal Failure, What Is It?

 

According to the description posted with this video, on January 12, 2018, Secretary Tillerson mandated all American direct-hire employees receive harassment awareness training within 90 days (by April 12). The Bureau of Human Resources (HR) and the Office of Civil Rights (S/OCR) have made the following video available to ensure that all employees can comply. To ensure accountability with this requirement, all Assistant Secretaries, Chiefs of Mission, Charges, and Principal Officers must certify that all American, direct-hire employees under their supervision have received the training, via memo for domestic employees and front-channel cable for employees stationed abroad. In addition, the Foreign Service Institute, in coordination with S/OCR and HR, will reportedly develop an online harassment awareness-training course, which will be available later in 2018. All locally employed staff, personal services contractors and contractors will be held accountable for completing this on-line training by December 31, 2018.

The video posted says that for questions, please email SOCR_Direct@state.gov. If you would like to report an instance of harassment, please use the reporting link http://socr.state.sbu/OCR/Default.asp…. (links to Intranet site). If you do not have intranet access, folks may send an email to the aforementioned address or call 202-647-9295.

With regards to the harassment training, note that the EEOC in 2016 put out a Report of the Select Task Force on the Study of Harassment in the Workplace (June 2016), which find that much of the harassment training done over the last 30 years has been ineffective in preventing harassment. See https://www.eeoc.gov/eeoc/task_force/harassment/report.cfm,

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After Congressional Queries, @StateDept to Mandate Sexual Harassment Training

Posted: 3:31 am ET

 

On January 11, Deputy Secretary Sullivan held a session “Harassment in the Workplace” at the State Department (see @StateDept to Hold “Harassment in the Workplace” Session But First, Read This FSI Sexual Harassment Case).  The following day, Secretary Tillerson delivered his remarks on values, also specifically addressing sexual harassment.

We understand that for a while there on January 12, Secretary Tillerson’s Conversation on the Value of Respect was reportedly the “tip of the day” when you log in to the Department’s OpenNet. That’s right, just mere hours after the President of the United States was reported to call certain countries “shitholes” during a meeting with lawmakers at the White House. Click here for reactions from different countries.

We’re not sure why both Deputy Secretary and the Secretary talked about sexual harassment two days in a row. Our most charitable take is that this is something the State Department cares very much, and the senior leadership would like to impress upon employees the  importance it places on sexual harassment (see our posts on sexual harassment here).  The less charitable take is that they’ve heard about folks talking to Congress about sexual harassment at the State Department, and they did not want to be perceived as not doing anything. (See Senators Seek Review/Analysis of @StateDept and @USAID Sexual Harassment and Assault DataCongress Seeks Info on @StateDept Senior Executives Who Are Subjects of Multiple ComplaintsInbox: “State Department absolutely deserves to have a trial by media”).

Of course, we also have our jaded take and we’re not alone on this — that Tillerson’s folks had atrocious timing, and did not want to seem like the Secretary was criticizing his boss on the day when the “shitholes” comment was  bouncing around the globe.

Fast-forward to February 12, Tillerson has now reportedly announced mandatory sexual harassment training for State Department employees. Reuters reports that the mandatory training is supposed to be completed by June 1:

“There is no form of disrespect for the individual that I can identify, anything more demeaning than for someone to suffer this kind of treatment,” he said. 

“It’s not OK if you’re seeing it happening and just look away. You must do something. You must notify someone. You must step in and intervene,” Tillerson added, speaking in Cairo to about 150 U.S. embassy staff outside the ambassador’s residence.

We’d be interested to know who provides the training, and what’s the source of the training material. For those who experienced sexual harassment first hand, we’d like to know if you think this mandatory training would help remedy the problem.

AND NOW THIS — Randy Rainbow’s ‘Stand By Your Man’ is quite memorable.

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EEOC Awards $60K For USNATO Brussels’ Failure to “Reasonably Accommodate” @StateDept Employee

Posted: 2:36 am ET

 

Via eeoc.gov/vol 1/FY18:

Commission Increased Award of Damages to $60,000. The Commission previously affirmed the Agency’s finding that it failed to reasonably accommodate Complainant. Following an investigation of Complainant’s claim for damages, the Agency awarded Complainant $10,500 in non-pecuniary damages. On appeal, the Commission affirmed the Agency’s decision not to award pecuniary damages, finding insufficient documentary proof to support such an award. The Commission, however, increased the award of non-pecuniary damages to $60,000. The Agency conceded that Complainant established a nexus between the harm he sustained and the discrimination. The record evidence confirmed that over a three-year period, Complainant experienced an exacerbation of his pre-existing conditions caused by stress created by the Agency’s discriminatory actions. Complainant stated that he experienced anxiety, irritability, insomnia and loss of consortium, and indicated that he did not go out socially. He also noted that he experienced headaches, and night sweats, and was forced to increase his medication when the Agency refused to accommodate him. The evidence supported Complainant’s assertion that his condition had stabilized prior to the discrimination, and the Agency was liable for the worsening of Complainant’s condition. Irvin W. v. Dep’t of State, EEOC Appeal No. 0120141773 (Oct. 28, 2016).

Here is a quick summary of the case:

At the time of events giving rise to this complaint, Complainant worked as an Information Management Specialist at the Agency’s U.S. Mission to NATO in Brussels, Belgium.  On September 11, 2009, Complainant filed an EEO complaint alleging that the Agency discriminated against him on the basis of disability (Sjogrens Syndrome, Rheumatoid Arthritis and Anxiety) when the Agency failed to provide him with a reasonable accommodation of his disability. After an investigation, Complainant requested the Agency issued a final decision.  In its decision, the Agency found Complainant established he was subjected to discrimination when he was denied an accommodation.  As relief, the Agency ordered that Complainant be provided with a reasonable accommodation. On July 14, 2011, Complainant appealed the decision, and we affirmed the Agency’s finding on liability, and remanded the matter to the Agency so that it could conduct a supplementary investigation into Complainant’s entitlement to compensatory damages.  After conducting an investigation, the Agency issued its decision on March 12, 2014 awarding Complainant $10,500.00 in non-pecuniary damages. Specifically, the Agency found that Complainant’s pre-existing condition was largely the cause of Complainant’s physical and emotional distress during this time, and that the amount awarded was meant to compensate Complainant for the worsening of that condition.  The Agency disagreed with Complainant’s claim that his condition had stabilized by the time he arrived in Brussels, as evidence revealed he was still on a large dosage of steroids in July 2008, weeks before he began working.  Although Complainant alleged that he suffered from a loss of bone density (Osteopenia) as a result of his long term steroid use, the Agency determined that there was insufficient evidence that this was as a result of the discrimination.  Furthermore, although Complainant suffered emotional distress related to the discrimination, such distress occurred prior to his request for reasonable accommodation, which the Agency could not be held liable for.  In sum, the Agency concluded that Complainant’s condition was inherently unpredictable, and accordingly, his symptoms were unrelated to the discrimination itself.  Accordingly, the Agency concluded that $10,500.00 was an appropriate amount to compensate Complainant for the emotional distress he suffered.  The Agency declined to award any pecuniary damages in response to Complainant’s request.  This appeal followed.
[…]
Based upon the evidence provided by Complainant, we find the Agency’s award of $10,500.00 to be inadequate to remedy the harm caused by the Agency.  The Commission notes that record evidence confirmed that over a three year period, Complainant experienced an exacerbation of his pre-existing conditions for which he sought treatment caused by the stress created by the Agency’s discriminatory actions.  Complainant asserts that he suffered from anxiety, irritability, insomnia, and loss of consortium.  He maintains he did not go out socially, and suffered from headaches, night sweats and loss of bone density.  Most notably, he states he had tapered down his steroid dosage prior to reporting to Brussels, but was forced to increase the medication when the Agency refused to provide him with an accommodation of his disability.  We find the evidence supports Complainant’s position that his condition had stabilized and thus, the Agency is liable for the worsening of his condition. The Commission finds that an award of $60,000.00 is reasonable under the circumstances. See Complainant v. Dep’t of Transp., EEOC Appeal No. 0720140022 (Sept. 16, 2015) (Complainant awarded $60,000.00 where Agency’s failure to accommodate resulted in depression, anxiety, sleeplessness, and exacerbation of existing symptoms); Complainant v. Soc. Sec. Admin., EEOC Appeal No. 0720130013 (Aug. 14, 2014) (Complainant awarded $60,000.00 where Agency’s failure to accommodate resulted in exacerbation of post-traumatic stress disorder, depression, stress, and elevated blood pressure); Henery v. Dep’t of the Navy, EEOC Appeal No. 07A50034 (Sept. 22, 2005) ($65,000.00 awarded where Complainant suffered from frustration, negativity, and loss of sleep for a four-year period, as well as physical pain associated with the resulting excessive walking. The discrimination caused significant increase in Complainant’s need for medical treatment, as well as an increase in physical and emotional harm). The Commission finds that this amount takes into account the severity of the harm suffered and his pre-existing condition, and is also consistent with prior Commission precedent. Finally, the Commission finds this award is not “monstrously excessive” standing alone, is not the product of passion or prejudice, and is consistent with the amount awarded in similar cases.  See Jackson v. U.S. Postal Serv., EEOC Appeal No. 01972555 (Apr. 15, 1999) (citing Cygnar v. City of Chicago, 865 F. 2d 827, 848 (7th Cir. 1989)).

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Inbox: “State Department absolutely deserves to have a trial by media”

Posted: 1:31 am ET

 

In response to our recent post, Congress Seeks Info on @StateDept Senior Executives Who Are Subjects of Multiple Complaints, we received an email from a reader who gave us permission to share the following, purposely stripped of specific details for obvious reasons:

“I want to comment on your post about the letter Congressman Cummings wrote to Secretary Tillerson. I filed an EEO complaint against the agency and have suffered immensely in my professional and personal life. What struck out to me from your post was this: “victims with no real recourse for redress may decide that talking to the Hill or the press is the only action left for them, no matter the personal consequences.” I can tell you that going to Congress or the press is absolutely something I’m pondering, and it’s precisely for the reason you stated. There is no real recourse or redress. There is zero accountability. The State Department absolutely deserves to have a trial by media. I probably won’t be the one to lead the charge. The State Department has caused enough damage in my life, but it definitely needs to be accountable to SOMEONE. I hope a new era is on the horizon, but I won’t be holding my breath.”

 

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Congress Seeks Info on @StateDept Senior Executives Who Are Subjects of Multiple Complaints

Posted: 12:47 am ET

 

Last week, we blogged about Senators seeking a review/analysis of @StateDept and @USAID sexual harassment and assault data. We have issues with the current harassment data, and sexual assault data in particularly is hard to come by. We want to know how many sexual harassment settlements were made, and how much. We also want to know how many sexual assaults reports have been made, how many cases were refused prosecution by the Department of Justice, and what happens to these cases/victims and their careers. We realized that we can scream our head off in this blog, but only Congress can force the State Department to make this data public (anonymized with no personally identifiable information). That time may be slow in coming, but it is coming.

Rep. Elijah E. Cummings, the Ranking Member of the House Committee on Oversight and Government Reform, on January 22 sent a letter to Secretary Tillerson requesting information about members of the Department’s Senior Executive Service (SES) who have been the subjects of multiple complaints, including Equal Employment Opportunity (EEO) complaints. We don’t know what are the specific complaints in this case but EEOC discrimination complaint types include AgeDisabilityEqual Pay/CompensationGenetic InformationHarassmentNational OriginPregnancyRace/ColorReligionRetaliationSex, and Sexual Harassment.

Representative Cummings notes in his letter that “Several career employees at the State Department, including one of my constituents, have written to me raising serious allegations that the Department has repeatedly failed to eliminate the hostile work environment created by a member of the SES, [NAME REDACTED].” Mr. Cummings letter says that the employees indicated to him that numerous complaints have been filed against this individual “that resulted in settlements, but the Department has taken little action to hold this executive accountable or protect employees from abusive management practices.”

We understand that there are multiple individuals involved in the complaints shared with the House Oversight Committee but we don’t know the exact numbers, and whether or not this specific inquiry involves one specific SES member or more. It is telling that the trend on the complaints has moved to the Hill, and no longer localized within the agency. Is this an indicator that the current reporting system is not responsive to the needs of those affected? Or are we just living in a different era?  We do not want to see a trial by media, especially in the hands of politicians, but victims with no real recourse for redress may decide that talking to the Hill or the press is the only action left for them, no matter the personal consequences.

Also worth noting that Mr. Cumming’s request is specific to the Senior Executive Service, the senior ranks of the Civil Service, and does not include the senior ranks of the Foreign Service.

Mr. Cummings letter is asking the State Department to respond to the following requests:

1. an itemized list, with personally identifiable information removed, enumerating  each informal and formal complaint filed against [NAME REDACTED] at any time during his career, including but not limited to EEO complaints, citing:

  • (a) the date on which each complaint was filed;
  • (b) the base(s) of the complaint;
  • (c) the dates on which the complaint advanced through the informal and formal complaint steps;
  • (d) whether there was any finding arising from the complaint that discriminatory or retaliatory action had occurred;
  • (e) whether the complaint resulted in a settlement; and
  • (f) the terms of any settlement (including any monetary amounts included in the settlement); and

2. The number of Senior Executives against whom more than one informal or formal complaint has been filed with the Department of State at any time during the past five years.

3. All Department policies governing how evaluations of Senior Executives’ performance account for their work creating equality of opportunity for all employees.

See HOGR Cummings January 22, 2018 letter to Tillerson

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Senators Seek Review/Analysis of @StateDept and @USAID Sexual Harassment and Assault Data

Posted: 2:29 am ET

 

U.S. Senators Ben Cardin (D-Md.), Ranking Member of the Senate Foreign Relations Committee, and Jeanne Shaheen (D-N.H.), Ranking Member of the SFRC Subcommittee on State Department and USAID Management, led the Committee’s Democrats in a letter to Secretary of State Rex Tillerson and USAID Administrator Mark Green on January 17, requesting a review and analysis of data to better understand the scope of sexual harassment and assault issues at the Department and Agency, in order to consider appropriate policy changes to address the problems.

ABOUT TIME.

Note that back in September 2016,  this blog wanted to know the statistics on sexual assault in the Foreign Service, specifically in Afghanistan and Iraq since 2003. We were also interested in overall statistics on sexual assault in the Foreign Service worldwide, during the last 10 years. We did not ask for names, only numbers. We simply asked for an accounting of sexual assault reports since the invasion of Iraq in 2003 to the present, and the worldwide number of reports spanning over 280 overseas posts in the last 10 years. We were sure the data must be available somewhere. How could it not?

This was the State Department’s official response at that time:

“The Office of Special Investigations receives and catalogues allegations and complaints. Allegations are neither categorized by location nor by alleged offense.”

That remains a shocking response.

Without looking at their data by location and offense, or for that matter by individuals accused, how is the State Department to know when there are serial offenders in its ranks? (See The State Dept’s Sexual Assault Reporting Procedure Appears to Be a Black Hole of Grief).

In its 4th Quarter 2017 report for period ending September 30, 2017, the Office of Civil Rights (S/OCR) does have some information on Equal Employment Opportunity Data required by the No Fear Act.  The public report indicates that reprisal is the number one complaint by basis in FY2017.  Non-sexual harassment went from 72 complaints in 2016 to 103 at the end of FY2017. The comparative report notes 3 complaints of sexual harassment in 2016 and 6 complaints at end of FY2017.

The average number of days in investigation? 207.17 days.

Total Findings of Discrimination after a hearing for sexual harassment? Zero. In 2012.

Also zero in 2013, in 2014, in 2015, in 2016, and through the end of FY2017. Zero.

Apparently, S/OCR does not also count cases reversed by the EEOC like that 2016 case where S/OCR did not find sexual harassment but where the EEOC decided that the complainant was indeed subjected to sexual harassment and ordered the State Department to take remedial actions (see @StateDept to Hold “Harassment in the Workplace” Session But First, Read This FSI Sexual Harassment Case).

S/OCR was recently a presenter in a State Department Q&A session “Should I Report That? How (and when) to Report Workplace Conflict, Harassment & Bias in the Department”.

To read more about our previous posts on sexual assault, click here; for sexual harassment, click here.

Below is the text of the letter to Secretary Tillerson and USAID Administrator Mark Green:

We write to draw to your attention the November 28, 2017 letter signed by over 200 national security professionals who have served, often with distinction, in the State Department, the intelligence community, USAID, and the Pentagon about their experiences of (or serving as witnesses to) incidents of sexual harassment or sexual assault inside our national security bureaucracies.

This letter speaks to what we believe remains a critical issue that too many of our national security institutions have been too slow to address: sexual assault and harassment and its effects on the professionalism and effective functioning of those institutions. These incidents and the pervasive culture that all too frequently excuses these behaviors and actions have had serious and detrimental consequences for the careers and lives of those affected – and by depriving the United States of the service of some of our best and brightest, a deep and negative effect on our national security.

To better address this issue, we would urge you to provide the Foreign Relations Committee a review of your current methods for data collection, oversight, reporting structure, victim protections, analysis and anti-sexual harassment training, including employee feedback on these mechanisms and how they are being implemented. In our oversight capacity, we hope to work with you, to review and analyze the data to better understand the scope of the problem we confront as we consider appropriate policy changes to address it.

The November 28 letter contends that training is all too often “erratic” and “irregular,” and that policies often go unnoticed among staff. In our experiences serving on the oversight committee with responsibilities for the Department of State and USAID we concur with this contention. We would urge that you pay special attention to whether anti-harassment training is adequate, how it is implemented, and how it is enforced, in your respective reviews. We also urge you to examine your procedures for disciplinary actions to ensure that those who demonstrate improper behavior are held accountable for their actions.

The letter also calls for a number of reforms including a clear indication that national security leadership will not tolerate certain behavior, ensuring the full accessibility and functioning of “multiple, clear, private” channels to report abuse without fear of retribution, and ensuring sufficiently regular, mandatory, and instructive training for employees and contractors. We would be interested in your thoughts and comments on these potential areas for reform.

We also urge that you each take the opportunity to work with us to determine what additional resources are necessary to ensure that each report and allegation receives proper attention, that your offices are collecting all the relevant data, that cases are addressed in a timely and confidential fashion, and that training is fully implemented across the State and USAID workforce.

At a moment in our country when we are being reminded anew of the scope and challenge of sexual harassment in the workplace, we are rededicating ourselves here in the Senate to addressing this issue in our own ranks. The Legislative branch faces similar challenges and that while we work to address them, we expect the same from executive branch agencies. For our part, in addition to exploring appropriate oversight and legislative action to ensure that you have the resources and focus that you need to address these issues, we also intend to place additional emphasis on these issues in the confirmation process. We intend to ensure that nominees live up to the highest standards of behavior, and will seek commitments regarding how they intend to address sexual harassment and assault if they are confirmed.

Lastly, we note that the abuses, harassment and assaults noted in the November 28 letter are enabled by an environment in which the diversity of our nation – one of our “secret weapons” and competitive advantages as a nation – is not reflected in the national security workforce. This is especially true at the senior levels. At the State Department, for example, women and men enter the Foreign Service in roughly comparable numbers, but only about one-third of our senior Foreign Service Officers are women. Although women comprise a majority of the Civil Service, the Senior Executive Service remains 61% male and 89% white. Similarly disturbing trends come to light when analyzing the salaries, bonuses and expectations of workplace behavior amongst men and women working in national security roles. We still have a long way to go on gender equality in the national security workforce, and encourage you to share with us as well your vision for how you plan to address deficiencies in recruitment, retention and promotion to assure that your national security workforce is equitably balanced.

The members of our national security workforce should not be forced to spend their time and energy combatting harassment and a culture of tolerance for disrespectful behavior. Rather, they should be free to focus on what they do best – working to keep our nation safe. And we know from numerous studies that a more diverse workforce leads to better outcomes. A 2015 McKinsey study found that a more diverse workforce is more successful through improved decision-making, leadership, and financial progress. We know that to be true in the private sector and we know that to be true for government as well.

Mindful that there are myriad challenges and opportunities to better address sexual harassment in the workplace we do not seek nor do we expect you to develop a cookie-cutter approach to these issues. Rather, we call on you to respect the dignity of each member of our national security workforce by ensuring an environment in which each individual is capable of fully contributing his or her talents to our national security, without obstruction.

The original text of letter is posted here.

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