The C4C Federal Exchange Newsletter (May 2015) by C4C FED

THE C4C FEDERAL EXCHANGE THE COALITION FOR CHANGE, INC. (C4C) MONTHLY NEWSLETTER http://www.supremecourt.gov/oral_arguments/ argument_transcripts/09-400.pdf Volume 2 / No. 5 May 2015

ISSN 2375-706X

C4C Members Attend State of Race In America Symposium

About the Cat’s Paw Theory? The “cat’s paw theory” borrows from an old fable in which a sly monkey convinces a cat to reach into a fire to get roasting chestnuts. The cat is tricked, burns its paw, and the monkey enjoys the chestnuts with no harm. In the discrimination context, the theory means that an employer – like the duped cat – can be liable -- if an ultimate decision-maker was deceived by a biased manager who reports an employee for misconduct and the reports from the biased manager were not truthful. EXAMPLE: The EEOC applied the “cat’s paw” theory in finding that the Department of Veterans Affairs subjected a nurse to reprisal for prior EEO activity when it did not select her for a position, despite the selecting official’s lack of knowledge of the nurse’s EEO activity. The EEOC found the agency liable since the selecting official did not select the complainant because of a negative reference from her thensupervisor at the agency, whom the EEOC found harbored a retaliatory animus against her for her protected EEO activity.- The EEOC’s use of the cat’s paw theory shows that awareness of a complainant’s prior protected activity is not a requisite to a finding of retaliatory action or inaction against her. (Complainant v. Dep’t of Veterans Affairs, EEOC Appeal No. 0120110544 (Sept. 23, 2013). Also see Supreme Court decision Staub v Proctor Hospital at http://www.supremecourt.gov/oral_arguments/arg ument_transcripts/09-400.pdf

Pictured: Arthuretta Holmes Martin (Health and Wellness Chair, President- T. Ward Jordan and Terri Williams (Greetings Chair)

The Coalition For Change, Inc. (C4C) attended the fifth annual Aspen Institute Symposium on the State of Race in America. The Symposium, which was held in Washington, DC at the Newseum, explored new attitudes, opportunities, and challenges for and about people of color in 21st century America.

Ben Jealous, former President of the NAACP pictured far right, join other panelists in a discussion about Race In America http://www.aspeninstitute.org/about

The C4C Federal Exchange Newsletter

Vol.2 / No.5 (May 2015)

ISSN 2375-706X

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The C4C will host a panel discussion on “Discriminations effect on the health and wealth of Black Americans” at the upcoming Blacks In Government training. It will be held

from 24-27 August 2015, at the Hilton Orlando Florida.

OWCP claim processing—States A Claim

C4C will also host a panel discussion in Atlanta at the upcoming 100th annual conference of the Association for the Study of African American Life and History (ASALH). The conference will be held September 23-27, 2015. C4C will cover -- "How Civil Rights Violations Occurring with the Federal Sector Lead to Adverse Health and Wealth Consequences Throughout the US Black Population."

Appellant alleged discrimination in the agency's failure to submit her injury compensation claim to the Office of Workers' Compensation Programs (OWCP). The Commission held that she stated an EEO claim, as her complaint addressed the processing, rather than the merits, of her OWCP claim. The decision discusses the distinction. Brown v. United States Postal Service, EEOC Request No. 05980128 (July 22, 1999).

H.R.1557 Federal Employee Antidiscrimination Act of 2015 - The following Representatives have signed on to co-sponsor H.R. 1557 which was introduced on March 25, 2015, by Rep. Elijah Cummings: Rep Eleanor Holmes Norton, Rep. Jason Chaffetz,[UT-3], Rep. Sheila Jackson Lee [TX-18] and Rep. James F. Sensenbrenner, Jr. [WI-5].

Sanctions Against Agency The Commission upheld adverse inferences ordered by the AJ against the agency where it failed to include comparative information in the report of investigation and then failed to produce the information in response to complainant's discovery requests. Petersel v. Postmaster General, EEOC Appeal No. 0720060075 (October 30, 2008). Settlement Agreement Invalid The settlement agreement did not comply with the requirements of the Older Workers Benefit Protection Act of 1990, 29 U.S.C. 626(f) because it did not specifically refer to appellant's age claim, the agency did not advise appellant in writing to consult with an attorney prior to signing the agreement, and appellant was only given 24 hours to consider the agreement. Moreover, the Commission noted that appellant was emotionally distraught when she signed the agreement. The Commission concluded that the settlement agreement was invalid. Woychik-Brown v. Department of Agriculture, EEOC Request No. 05960768 (July 16, 1999).

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EXPOSED

TODD ZINSER Todd Zinser, the inspector general of the US Commerce Department, is again under attack from Congress and groups are seeking that President Obama remove Zinser from office because of an alleged pattern of misconduct, including retaliation against whistle-blowers and the hiring of someone suspected of being his girlfriend. Read more here. The Office of Special Counsel investigated Zinser for allegedly blackmailing four Commerce agents into signing nondisclosure agreements that kept them from talking to investigators and the public about undisclosed claims of wrongdoing by the inspector general’s office. http://nypost.com/2014/09/16/commerceszinser-ripped-in-censusgate/ On Aug. 26, 2014 four members of the House — two from each party — sent a scathing letter to Zinser about his treatment of Commerce employees who were trying to report allegations of wrongdoing within the agency.