Reader responses to Ned on Feds - Workplace corrosion

Reader responses to Ned on Feds - Workplace corrosion

May 19, 2000

DAILY BRIEFING

Reader responses to Ned on Feds - Workplace corrosion

Here are the responses we have received to the May 15 Ned on Feds column, "Workplace corrosion."


"I am astounded every time I hear, once again, the 'numerous frivolous eeo complaints' argument. For the average federal employee [i.e., someone not an attorney or who has not educated his/herself to that level of legal expertise], filing an EEO complaint is almost beyond comprehension. The process is frustrating, illogical, confusing, lengthy, expensive, and almost inevitably the complainant experiences retaliation in the workplace. The original discriminatory situation is stressful; the eeo process and the retaliation are agony. Anyone filing a 'frivolous' complaint would quickly discover the eeo process does not work to her/his advantage.

"People forced to work in a discriminatory situation are in a Catch-22. The issue is power, the capacity to be the one who makes the decision. The target of the discrimination is NOT the person in a position of power with the capacity to end the discrimination. If his/her superiors [I chose 'superiors' rather than 'management,' because managers also file eeo complaints, and they experience the same], who do have that power, opposed discrimination, it wouldn't be occuring in the first place, or would be nipped in the bud. The purpose of the discrimination is to get rid of the employee by creating such mental stress, often manifesting in physical symptoms, the employee must leave for the sake of his/her health or by creating an atmosphere of slander and insinuation such that the employee can no longer work effectively because his/her reputation has been ruined. This is bullying, nothing less. Bullying is not engaged in by conscientious employers who value work that serves the mission of the agency/military. Bullies bully because they want power, the ability to make the agency/military serve their own selfish needs. Bullies rule the roost in those areas of federal employment where discrimination exists, and even management is afraid of the bullies, if it is not management themselves who are the bullies. The target of the discrimination has no honorable or legal means to stop the discrimination.

"Employees file EEO complaints because they have no other choice, no other way to address their situation. It's not enough to say the employee should 'stand up for him/herself.' Employees targeted for discrimination do this every day, valiantly, courageously confronting daily, unrelenting hostility. Management will not stop the bullies who, unhampered in their harassment, will not quit until they achieve their goal, getting rid of the employee.

"When an employee files an EEO complaint, s/he now holds management at fault. As Mr. Lynch points out, discrimination is a serious charge for management. Thus, it is in management's best interest to fight against every EEO complaint to their fullest capacity to do so. That includes creating an even more hostile work environment for the employee. Management has the power to do it, has the ability to make decisions that negatively impact the complainant, because management controls every aspect of the complainant's working conditions.

"The current EEO process is a ridiculous situation. It costs taxpayers needless millions of dollars in agency/military time and settlements [witness alone the recent proposed Voice of America settlement]. It costs federal employees staggering suffering emotionally, physically, financially, in their careers and their families. It has forced us to create an an expensive and drowning agency, the EEOC, which can't begin to cope with discrimination in the federal government because it can't, or won't, tell the agencies/military what they MUST do, or even its own AJs that they must make fair and equitable decisions. It is causing managers, ALJs, US Solicitors, AUSAs [when the complaint turns civil] to compromise what they know is truth. By not holding management accountable, by not punishing the discriminators, the EEO process fans the flame of discrimination, undermining the exact purpose of Title VII: a workplace in which ability to do the work, not inherited characteristics that bare no relationship to ability to work, is the sole criteria of employment."

-Helen Phillips
Webmaster
Moving Forward, http://members.xoom.com/movinforward


"The system is broken. When you talk about action and litigation time, those within the system no how to play best.

"I am a strong supporter of an equitable system, if you do not respond within prescribed times frames agencies should pay the cost of these intensive litigations. If the agency were to pay for their mistakes, then the litigation process would be lighten. The same applies to the appeals system, both at the EEOC, and MSPB. The worst offenders are those who are the administrators. the programs, empowered by congress or senate action.

"I see no way cases should wait a year or more for a response from any federal agency unless they all died in the office or had to take leave due to the stress levels of the job. Your article offends me you show that a system can endure without offering the individual equal and just resolution of their issues. Take a guess at the salary levels of those deciding officials, and who they endeavor to get rid of you will then see why oh the system should change."

-Name withheld


"My concern with the EEO process is that people use it because it is 'available,' without really having any evidence (or perhaps even any honest belief) that discrimination has truly occurred. just because an employee is in a protected class (now there's a hateful term) doesn't mean anything adverse to their dreams is discriminatory.

"Keep writing away-don't always agree with, but always give thought to, what you say."

-Name withheld


"I used to work at Kelly AFB and now work at Lackland AFB, both in the Southwestern part of San Antonio, Texas.

"As you know, Kelly AFB was ordered closed by the BRAC and 13 July 2001, is the fateful day. A persistent rumor that is given as one of the primary reasons for its choice for closure, was its high number of unresolved labor-management discrimination (may not be the best adjective) suits. There is one that has been going on for over 10 years and it probably will not be resolved before the base closes. It this rumor has any merit, it would be an excellent example of workplace corrosion.

"Now Lackland AFB's support functions are going through an A-76 Outsourcing and Privatization process. The results may be announced in June of 2000. The Kelly RIF and the potential A-76 action are having a demoralizing affect on civil servants at these two Air Force Bases and the others in the community (Brooks AFB, Fort Sam Houston and Randolph AFB).

"Just some random thoughts for you to do with as you see fit."

-Randy


"A method to screen 'meritless' claims? The system IS in place to screen complaints!

"What we have is a society that is complaint prone. Setting up another group with the objective of trying to 'quickly' review claims to reduce the number would have the effect of quadrupling the number generated. The 'new' review group would be a bigger lightning rod than the EEOC by a factor of fifty!

"Nice try, but in today's environment, when the sun comes in the east, that is a grievous offense to someone."

-Philip A. Girmus
Army


"Your latest column touches on many issues. I have worked for the government for 29 years of which 5 were in the Air Force.

"I worked in the private sector to pay for my college education. After graduation I worked in insurance as a workmen's compensation adjuster. I started my government service with my county, then the State of Pennsylvania, and finally the Navy.

"How much I liked the work, how successful I was, and whether I felt I contributed to the organization always was determined by my immediate supervisor, his relation to the organization, and how honest and ethnical management was. Recognizing this criteria the worst job I ever had was working as an Insurance Workmen's Compensation Adjuster. Working for my current employer the Navy comes in a close second. The Civilian and Military management I have worked with for the past 23 years lacks the very values required for government service 'Honesty, Integrity, Ethics, and Accountability.'

"I fault the government's various oversight bureaucracies, i.e. FLRA, EEO, OSC, Merit Systems Protection Board, IG's, and OPM for the lack of Honesty, Integrity, Ethics, and Accountibilty in government. These bureaucracies direction, decisions, policy enforcement, and management give lip service to the basic requirements for good government. If the Federal Government's non elective personnel (Military and Civilian) are not accountable for their actions, then trust in government, the elective process, reporting and paying taxes, etc. by the electorate will evaporate.

"If we want a smaller, efficient, and responsive government, then the best way is to throw out the opportunists, money-changers, and dishonest, unethical non elective employees. I believe most federal employees filing a complaint or a grievance don't do it for personal reasons but to make management individuals accountable for their actions. The problem arises when agencies defend its managers ignoring the merits of the complaint or grievance in order to maintain its image, make decisions, and assign work."

-Kenneth Woodward
Navy


"I agree with your conclusion that meritless cases should be dismissed quickly to allow more time for the truly serious cases. In my years of government service I have seen and heard of cases where managers have been threatened with an EEO complaint if they did not give a cash performance award or if they did not change a rating. Sad to say some of the managers (sometimes second level management) caved in to these pressures and changed the ratings.

"I applaud all the managers who stuck by their guns and told the employee to go ahead and file the complaint. Employees who file the frivolous complaints seriously degrade the system, waste countless hours for investigation and resolution, and bring into doubt all EEO complaints."

-Dale E. Nelson
Chief, Target Recognition Branch
AFRL/SNAT Paradigm Busters


"I am now a 50 year old fed (the Director of an Agency Labor and Employee Relations Program) who has sadly come to accept the wisdom of the saying 'If you're not a liberal at Age 20 you have no heart; if you're still a liberal at Age 50 you have no brains.'

"I grew up in the civil rights movement and worked very hard to eradicate discrimination. However, the politics of the new millenium has turned the diversity issue from a shield against discrimination into a sword to advantage minorities. As opposed to leveling the playing field, the current approach of so many, especially in the D.C. area, is that the playing field needs to be deliberately tilted to make up for 19th and early to mid 20th century tilts the other way. I thought the whole idea of Title VII was to avoid discrimination against any race, color, creed, nationality, etc.

"Our current Democratic administration likes to run the country like a European Parliament. There are dozens of 'parties' (read, special interest groups) and in order to 'rule' you have to make enough of these 'parties' happy so that you can put together a government. It seems that in the last couple of years we have issued more Executive Orders than the rest of the century combined-all designed to placate (pander?) to another special interest group.

"I've gotten off the point a little but I agree that the entire system needs to be indicted. Collective progress apparently means little and, as you say, there are plenty of statistics that minorites of all types are much better represented in ever higher and higher grades. The mindset seems to be that skills and qualifications no longer matter-just immediate numbers parity with the population at large. And for political reasons, we buy that thinking. It's too bad."

-Name withheld