EEOC judge rejects black managers' bias complaint

An Equal Employment Opportunity Commission administrative judge last week rejected a class action discrimination lawsuit filed on behalf of 300 African-American managers against the Agriculture Department's Farm Service Agency. But the judge found the agency had discriminated against two black managers.

In a Dec. 14 decision, administrative judge Adria Zeldin rejected a claim that FSA had systematically discriminated against black managers at the GS-12, GS-13 and GS-14 levels who were denied promotions. Zeldin said that while two managers had been discriminated against, statistical evidence did not support the class action suit.

"Proof of isolated discriminatory acts is insufficient to establish a presumption of a pattern or practice," Zeldin said.

The Agriculture Department faces several other class action suits filed by minority employees and recently agreed to settle a class action suit filed against the department by black farmers.

Mary Beth Schultheis, a spokeswoman for the department, said the administrative judge's decision shows "the department has come a long way in making civil rights a priority."

The class action suit focused on 10 alleged cases of discrimination at the Farm Service Agency. Zeldin found discrimination in two cases. Joseph Gebhardt, the lawyer representing black managers, said the department would have been found liable for systematic discrimination if Zeldin had found discrimination in three to five of the 10 cases.

In one of the cases in which discrimination was found, Harold Connor was passed over for a management position that was awarded to a white woman who appeared to be less qualified than Connor. In the other case, Clifford Herron, who had a Ph.D., was not selected for a promotion even though the white woman who was selected only had a high school diploma.

Zeldin will determine what damages the agency owes the two managers.

Gebhardt said the other members of the class action are considering a further appeal with the EEOC or filing a complaint in U.S. District Court.

"Frankly, we were disappointed in the ruling," Gebhardt said.