The C4C Federal Exchange Newsletter (January 2015)

THE C4C FEDERAL EXCHANGE THE COALITION FOR CHANGE, INC. (C4C) A QUOTE FROM. . .

MONTHLY NEWSLETTER

ISSN 2375-706 X

Volume 02 /No.1, January 2015

C4C Pledge: Moving Forward - Addressing

DEDICATION: C4C dedicates this edition of C4C Federal Exchange to Dr. Martin Luther King, Jr. – An Iconic Civil Rights Activist, A Man of Service

Race Discrimination and Retaliation in 2015 Tanya Ward Jordan, Founder –C4C

Play Musical VIDEO -http://youtu.be/uD4NLtvwTU0 HIGHLIGHTS IN THIS ISSUE: RATE YOUR BOSS

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IN THE SPOTLIGHT: Felton Batiste, Jr.

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IN THE NEWS: Janet Howard and Joyce Megginson Strike A Successful Blow For Feds

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“Fergusons” In America – Douglas Kinan

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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.

HIGHLIGHTS IN THIS .ISSUE: ...

“ALLEGED” DISCRIMINATING The Official Personnel File (OPF) is a single OFFICIALS 2 personnel folder that documents all Federal

civilian service for a particular individual. A

VIDEO: CONGRESS EXAMINES THE (SF-50) is put notification of personnel action TREATMENT OF WHISTLEBLOWERS 3

into the OPF for all appointments and separations (as EMPLOYEE well as many other personnel FORMER CENSUS FILES actions).

OPFs are a system of records4 subject $6.53 MILLION DOLLAR TORTS CLAIM to both the Privacy Act and the Freedom of Information ActWHY(FOIA). Agencies are NINE (9) REASONS authorizedDISMISS to respond to information requests AGENCIES COMPLAINTS 6 from the public on all Official Personnel Folders.C4C MEMBERS ADDRESS VIDEO: HOSTILE WORKPLACE CULTURE

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

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A QUOTE FROM . . .

“A lie cannot live.”

Dr. Martin Luther King

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CASE HIGHLIGHTS

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 Defense Veterans Affairs Homeland Security Justice Treasury Agriculture Interior

Workforce (2010) 772,601 304,665

Blacks % of Workforce (2010)

183,455

14.3%

117,916 110,099 106,867 70,231

16.9% 24.2% 11% 5.6%

University of Texas Southwestern Medical Center v. Nassar

* 23.8%

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.

Workforce data source: Click Census Link HERE Blacks % of permanent workforce source: OPM click HERE * Army --17% / Air Force 11.8%

Rhoads v Federal Deposit Insurance Corporation (FDIC) 98-2374 (Decided: July 12, 2001)

Rate Your Boss!

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.

“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-bossreview 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/

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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

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IN THE SPOTLIGHT Felton Batiste, Jr.

IN THE NEWS

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

Janet Howard and Joyce Megginson Strike a Successful Blow for Federal Employees!

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.”

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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ALLEGED DISCRIMINATING OFFICIALS

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.

Department of Interior (MSPB CH-3443-14-0264-1-1)

Because the district court (Judge John D. Bates) erred in applying section 2401(a)'s sixyear 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.

Timothy Patronski Chuck Traxler Charlie Wooley Customs and Border Patrol Case HS-09-CBP-002184-00100

READ MORE –Click HERE

James Tomscheck

General Services Administration Case No. 12–5107

Michael Vrobel

MUST READ

Nuclear Regulatory Commission

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

Gary Simpler

Civil Action No. JFM-13-3190

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.

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.

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.

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.”

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.

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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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 at c4c@coalition4change.org

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