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The C4C Federal Exchange Newsletter Vol.2 / No.2 (February 2015) ISSN 2375-706X 1 | P a g e
. . . In 1914, President Woodrow Wilson signed legislation creating the Federal Trade Commission. (See picture to the right.) As reported by the Public Broadcasting System (PBS): “Woodrow Wilson's record on race relations was not very good. African Americans welcomed his election in 1912, but they were worried too. During his first term in office, the House passed a law making racial intermarriage a felony in the District of Columbia. His new Postmaster General also ordered that his Washington offices be segregated, with the Treasury and Navy soon doing the same. Suddenly, photographs were required of all applicants for federal jobs. When pressed by black leaders, Wilson replied, "The purpose of these measures was to reduce the friction. It is as far as possible from being a movement against the Negroes. I sincerely believe it to be in their interest." Wilson told them "segregation is not a humiliation but a benefit, and ought to be so regarded by you gentlemen."
Photo - courtesy of T. Ward Jordan
THE C4C FEDERAL EXCHANGE THE COALITION FOR CHANGE, INC. (C4C)
MONTHLY NEWSLETTER
Volume 2 / No. 2 February 2015
CELEBRATING BLACK HISTORY MONTH
HIGHLIGHTS IN THIS ISSUE: BLACK HISTORY MAKERS – Federal Focus 2 WHISTLEBLOWER COURT VICTORY 5 CIVIL RIGHTS VIOLATORS 5 “WORST” PLACES TO WORK 6 IN THE SPOTLIGHT: Dr. James Tucker 6 POEM: “There Comes A Time” 8 by Barrett J. Gay
HIGHLIGHTS IN THIS ISSUE:
“ALLEGED” DISCRIMINATING OFFICIALS 2 VIDEO: CONGRESS EXAMINES THE TREATMENT OF WHISTLEBLOWERS 3 FORMER CENSUS EMPLOYEE FILES $6.53 MILLION DOLLAR TORTS CLAIM 4 NINE (9) REASONS WHY AGENCIES DISMISS COMPLAINTS 6 VIDEO: C4C MEMBERS ADDRESS HOSTILE WORKPLACE CULTURE 7
". . . and I knew that I could never again
raise my voice against the violence of the
oppressed in the ghettos without having
first spoken clearly to the greatest
purveyor of violence in the world today --
my own government."
Martin Luther King Jr.
2 | P a g e
MATTHEW F. FOGG
Matthew F. Fogg, a retired Chief Deputy Marshal received the District of Columbia, U.S. Attorney, and Federal Bar Association’s highest law enforcement awards for tracking down over 300 of America’s most-wanted and dangerous fugitives charged with prison escape, murder, rape, child molestation, and other heinous crimes in the U.S. and abroad. In 1998, Fogg won a landmark Title VII civil rights verdict against his employer, the U.S. Department of Justice’s U.S. Marshals Service (USMS). A jury in federal court for the District of Columbia awarded Fogg $4 million dollars after “finding” the USMS guilty of operating a ‘racial hostile environment’ for all African American deputy US marshals nationwide. Mr. Matthew Fogg is also known for his courageous congressional testimony exposing police brutality in minority communities. See video by clicking HERE.
PAULETTE L. TAYLOR
Paulette L. Taylor, a retired disabled veteran and a longtime federal employee, began her
federal career at the Social Security Administration (SSA) in 1980. In 2002, after observing racial inequality and recognizing that officials at the SSA office headquartered in Woodlawn, Maryland routinely passed over qualified African American females for promotions, Ms. Taylor filed a class action complaint against the agency. Ms. Taylor serves as the President of the Black Females for Justice II, Inc. (BFFJII) - a non-profit organization supporting the class complaint that the U.S. Equal Employment Opportunity Commission (EEOC} “certified” on May 5, 2006 (Taylor, et al v Commissioner –SSA). On December 13, 2013, an EEOC Judge concluded that the SSA engaged in: "class-wide discrimination against nonsupervisory African-American female employees who were denied promotions into the GS-12 level, from December 9, 2000 to the present. Paulette Taylor, a staunch activist for equality in the workplace, also dynamically serves as the Civil Rights Chair for the Coalition For Change, Inc. (C4C). [*Class complaint still pending resolution.] See video by clicking HERE.
DR. MARSHA COLEMAN-ADEBAYO
Dr. Marsha Coleman-Adebayo is a former senior policy analyst for the United States Environmental Protection Agency (EPA). Beginning in 1996, she filed complaints alleging that a company from the United States was mining vanadium in South Africa and harming the environment and human health.
Black History Makers - Federal Focus Black History Makers - Federal Focus
3 | P a g e
She also filed and won a Title VII lawsuit against the EPA alleging racial and gender discrimination. On August 18, 2000, a federal jury found the EPA guilty of violating the civil rights of Dr. Coleman-Adebayo based on race, sex, color and a hostile work environment under the Civil Rights Act of 1964. Her experience inspired the passage of the Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002 (No FEAR Act). Dr. Coleman-Adebayo, a staunch advocate for justice, is the author of A Whistleblower’s Triumph over Corruption and Retaliation at the EPA. See video by clicking HERE.
CATHY HARRIS
Cathy Harris, a former Custom’s employee with 27 years of federal government service, was terminated in 2005 due to her “whistleblowing” about the Customs and Border Protection (CBP) abuses against international travelers. She bravely reported that her co-workers carried out demoralizing pat-downs, intrusive strip-searches, cavity searches and monitored defecations which included African American travelers being shackled to hospital beds. Some of these procedures lasted for up to four days for the sole purpose of Customs Inspectors collecting overtime money. Ms. Harris reported these findings to the media, Senate and Congress. A March 2000 General Accounting Office (GAO) report conducted an investigation and discovered that even though African American women travelers were the smallest group of international travelers, they were the largest group that were singled out by
U.S. Customs Inspectors. Because of Cathy Harris’ valiant whistle blowing activities, congressional hearings took place and major changes were made to protect the American public. Hear more by clicking HERE. Cathy Harris has written book entitled: The Cathy Harris Story: A Whistleblower's Victorious Journey to Justice. Click HERE to view. In October 1998, Cathy Harris formed her own non-profit organization to act as a watchdog group over Customs practices - Customs Employees Against Discrimination Association (CEADA).
LAWRENCE LUCAS
Lawrence C. Lucas came to the U.S. Department of Agriculture (USDA) in 1977 as a political appointee during President Jimmy Carter’s Administration. He retired from USDA in 1996 after 37 years of service and became a staunch civil rights advocate. Lucas is founding member of the U.S. Department of Agriculture Coalition of Minority Employees and served as President from May 1994-May 2014. He now serves as President Emeritus of the Coalition, transforming it into one of the most provocative, creative, and diverse civil rights employee organizations in the history of USDA. Lucas, one of the many leaders advocating early complaint resolution and processing of minority farmers and USDA employee cases, is the recipient of numerous civil rights and workforce diversity awards. He serves as a civil rights advisor on the documentary film about the USDA entitled - Last American Plantation. Also see C-SPAN video at link HERE featuring Mr. Lucas.
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J. GREGORY RICHARDSON
J. Gregory Richardson is a decorated war veteran. He served in the military for roughly (30) years and completed five (5) deployments in combat/hazardous zones. In 2006, he accepted a “civilian” position with the U.S. Department of Homeland Security’s (DHS) Customs and Border Protection Internal Affairs (CBP IA) office headquartered in Washington, D.C. While working at the CBP IA as Senior Operations Analysis Specialist, GS-1801—14, he maintained his military rank as Lieutenant Commander and served two deployment tours as Naval Intelligence Officer and Naval Attaché during his time with CBP. One tour was in Saudi Arabia; the other in East Africa. He has received two Joint Service Commendation Medals and a Navy and Marine Corps Commendation Medal for “Meritorious Service as Anti-terrorism and Force Protection Officer.” Most notably, while assigned to the naval criminal investigative service Middle East field office Bahrain, Richardson heroically thwarted the terrorist attack of a lone gunman with an AK-47 assault rifle who opened fire on thirteen personnel on the tarmac at Fujairah International airport. To hear more click HERE.
OLIVER B. MITCHELL, III
Oliver B. Mitchell, III, a Marine veteran of Desert Storm, blew the whistle on patient abuses at the U.S. Department of Veterans Affairs. Long before the early 2014 Veterans Affairs (VA) healthcare shockwave involving VA employees manipulating patient appointment records, Oliver B. Mitchell, III, had contacted the Office of Special Counsel (OSC). In 2009, Mitchell told the independent federal investigative and prosecutorial agency of internal abuses at the VA that he says "could have prevented some patient deaths." Notably, Oliver Mitchell who formerly served with the VA as a GS-5 Patient Scheduling Clerk in the VA Greater Los Angeles Medical Center Radiology Department reported that during the Bush-Obama transition period VA officials "intentionally canceled backlogged patient exam requests." Mitchell, through his audio recording, substantiated how VA employees deliberated about the purging of patient backlog records. Click HERE to hear audio. Also see 2014 news article in the Daily Caller. Click HERE.
Black History Makers - Federal Focus Black History Makers - Federal Focus
5 | P a g e
Department of Homeland
Security v. MacLean
WHISTLEBLOWER CASE. On Jan 21, 2015
the Supreme Court decided the case of Robert
Maclean. Holding: A federal air marshal who
publicly disclosed that the Transportation Security
Administration (TSA) had decided to cut costs by
removing air marshals from certain long-distance
flights is entitled to statute because his disclosure
does not fall within the statute’s exception for
disclosures “specifically prohibited by law.”
Although the disclosure was specifically prohibited
by a TSA regulation, the exception does not apply
to rules and regulations, nor was it specifically
prohibited by the statute that authorized the TSA to
promulgate those regulations. Click HERE to read
more.
Special Counsel, Petitioner, v. Richard F. Lee, Diane L. Beatrez, Respondents.
DISCIPLINARY ACTION. These cases arise from complaints filed by the Special Counsel under the Special Counsel’s authority to investigate allegations of prohibited personnel practices. (5 U.S.C. §§ 1214-1215.) The Special Counsel asks the Board to review the initial decision of the administrative law judge dismissing the Special Counsel’s complaints against the respondents for violating 5 U.S.C. § 2302(b)(6) by granting a preference or advantage to an employee of the U.S. Coast Guard, improving his prospects for obtaining a promotion. In this case the Merit Systems Protection Board ordered the U.S. Coast Guard to suspend respondent Lee for a period of forty-five days without pay. The Board also ordered the U.S. Coast Guard to suspend respondent Beatrez for a period of ten days without pay. MSPB 89 Docket No. CB-1215-08-0014-T-1, CB-1215-08-0015-T-1 Click HERE to read more.
Howard, Megginson v. Department of Commerce
Nos. 12-5370 and 12-5392 (D.C. Cir. 1/6/15)
STATUTE OF LIMITATIONS. The U.S. Court of Appeals for the District of Columbia recently reversed a district court decision that dismissed a Title VII suit against the Department of Commerce that was filed 10 years after the initial EEO complaint. Howard v. Department of Commerce, Nos. 12-5370 and 12-5392 (D.C. Cir. 1/6/15).The department alleged that the six-year statute of limitations for civil suits against the federal government, 28 U.S.C. §2401(a), precluded discrimination claims that exceeded that time limit. The court disagreed, holding that the statute of limitations did not apply to Title VII claims that are pursued by federal employees through the often lengthy administrative process. Click HERE to read more.
CIVIL RIGHTS VIOLATORS
VETERANS AFFAIRS JEANETTE BUTLER
Multiple Complaint Activity- Saunders v. VA EEOC 270-2005-00013X
INTERIOR CRAIG LITTLEJOHN
Pierre v Interior, EEOC Case No. 570-2008-00625X
BUREAU OF PRISONS
MICHAEL BRANCH Brooks v Holder, EEOC No. 410-2010-0330X
SARA REVELL
McFadden v. Holder EEOC 430-2009-00428X
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IN THE NEWS:
Worst places to work?
#1 U.S. Department of Homeland Security #2 U.S. Department of Veterans Affairs #3 U.S. Department of the Army #4 U.S. Environmental Protection Agency #5 U.S. Department of the Air Force #6 U.S. Department of the Agriculture Source: Extracted from website http://bestplacestowork.org
The Partnership for Public Service uses data from the Office of Personnel Management’s Federal Employee Viewpoint Survey as well as surveys administered by other entities to create the Best Places to Work rankings. C4C has identified the larger federal entities that ranked
as some of the “WORST” places to work.
C4C submitted seven (7) measures to the Equal Employment Opportunity Commission to combat harassment in the federal sector. See more at agcoalition.org/ See http://www.scribd.com
Whistleblower who had filed discrimination complaint charged under the Espionage Act. Read more --
http://rt.com/news/226455-sterling-cia-iran-
guilty/
Disability.gov is the federal government
website for comprehensive information
about disability-related programs,
services, policies, laws and regulations.
https://www.disability.gov/what-does-
disability-gov-do/
In The SPOTLIGHT . . .
Dr. James Tucker
The Coalition For Change, Inc. (C4C) recognizes Dr. James Tucker – a war veteran, an activist, and a phenomenally fearless man of unwavering conviction and courage. Dr. Tucker is publisher of the African American Voice Newspaper. The paper, which serves Colorado Springs Metro, Denver Metro and Pueblo, has a statewide distribution of 10,000. It also has a global presence via its’ website. The African American Voice Newspaper was incorporated in November 1991. It is the longest running black monthly newspaper ever published in Colorado Springs. It has been the number one voice and news source for African American readers and others along the Front Range. Dr. Tucker’s vision and dedication to civil rights has provided the C4C with a voice to expose civil rights violations and to address federal workplace injustice.
MUST READ
Fact Sheet: Punitive Damages: Rare,
Reasonable and Limited (2011) Click HERE.
7 | P a g e
WELLNESS WATCH
How Toxic Is Sugar? "In animal studies, they find that the rats go for the sugar and that it's eight times as addictive as cocaine.” CLICK - Examiner.com
101 Benefits of Olive Oil 1. Make your arteries more elastic 2. Reduce bad cholesterol levels 3. Make you less hungry 4. Reduce the risk of stroke in the elderly 5. Lower the risk of coronary heart disease in women 6. Prevent heart attacks in men
CLICK to view more benefits.
National Institute of Health reports --- “Recent
studies have pointed out the possibility that
virgin olive oil may lower blood pressure in
hypertensive subjects.”
A WORD FROM … C4C’s Greetings Chair
~Terri L. Williams
Greetings C4C Family!
Ms. Arthuretta Holmes-Martin will celebrate her
birthday on Feb. 8th. Happy Birthday to Arthuretta
and to our other C4C family members who will be
celebrating a birthday in February! Warm greetings
to Tanya Ward Jordan, Dr. Tiemoko Coulibaly and
Anthony Perry who celebrated their birthdays in
January.
“The Lord bless you and keep you; the Lord make
his face to shine upon you and be gracious to you;
the Lord lift up his countenance upon you and give
you peace.”
Numbers 6:24-26 ESV
[Type a quote from the document of the summary of an interesting point. You can position the text
box anywhere in the document. Use the Drawing Tools tab to change the formatting of the pull
quote text box.]
8 | P a g e
THERE COMES A TIME -- Barrett J. Gay
There comes a time. . . when a motion for summary judgment
becomes a Hail Mary, or perhaps a Tooth Fairy;
when the aggrieved,
battered by retaliation and politics of the administrative process,
is forced to seek further legal recourse; when children of the Civil Rights Struggle,
now employees of the same agency who escorted James Meredith across the
University of Mississippi, discover Ol’ Jim Crow is now
“James Crow Esq.” with African-American board members.
There comes a time . . .
when comfortable boardrooms and corner offices give way to an uncomfortable D.C. federal
courtroom comprised of a jury pool who understands the aggrieved;
when Internal Affairs must explain prolonged investigations resulting in denial of
tangible job benefits, retirement credentials and negative job references;
when retaliation gives way to class certification; when divide and conquer give way to next man or woman up; when the pot stops mocking the kettle.
There comes a time . . . when all things must settle
The End.
ABOUT THE AUTHOR—Mr. Barret J. Gay retired from Homeland Security's Federal Protective Service. He spent thirteen years as a Deputy U. S. Marshal.\ and is currently an independent content creator specializing mobile app concepts.
Just In Case You MISSED It . . .
(Click RED Heading)
Seven in 10 Federal Managers Sometimes Predetermine Who Will Fill Job Vacancies by Eric Katz , Government Executive - Jan. 6, 2015
Agencies will pay for whistleblowers’ pain and suffering by Neil McPhie, MSPB.federaltimes - Jan.13, 2014
VA Settles More Retaliation Complaints by Whistleblowers, Matt Daly, Associated Press, Jan. 21, 2015
Expect a Carrot-and-Stick Approach From New Workforce Watchdog by Eric Katz, Government Executive-Jan. 13, 2015. Rep. Mark Meadows say: “he wants more of an “emphasis on making sure the federal workplace is not just efficient and accountable, but also one that is a healthy and friendly work environment.”
Tomsheck’s “July Amnesty”: CBP IA loses hundreds of cases alleging criminal activity by CBP Employees -- Pt.3 by Lee Maril, Homeland Security Newswire – Jan. 12, 2015
“…20 percent or more of all Agents and Officers
have at some time during their career engaged in
acts of corruption.” “2 Years of searching for a Database Administrator Job has yielded me with nothing
9 | P a g e
less than frustration and agitation” – by Mr. Felton Batiste – ASKFMB.com Military Veteran Awaits Full Compensation Approval On Heart Condition -- 22 Years Later Milton Allimadi, Black Star News- Jan. 07, 2015
It’s Not Just the Cops—Racism Is a Problem for the Secret Service, Too by Bill Conroy, U.S. News, The Daily Beast – Dec. 6, 2014
Some VA whistleblowers get relief from retaliation, Joe Davidson, Washington Post –Jan. 20, 2015
Broken By The Bubble –Article addresses declining Wealth In Prince Georges - Story by Kimbriell Kelly, John Sullivan, Steven Rich- Washington Post- Jan. 25, 2015 Employment Justice Center - the mission of the D.C. Employment Justice Center is to secure, protect and promote workplace justice in the D.C. metropolitan area.
89th Annual ASALH Black History Month Luncheon & Featured Authors
Event February 28, 2015 Washington Marriott Wardman Park
Hotel
Missed a C4C EXCHANGE
newsletter? If so click here.
The C4C Federal Exchange monthly
newsletter obtained its ISSN from the Library of Congress in October 2014. The e-zine covers everything from employment cases, book reviews, analyses of current breaking crises to pithy editorials on stress and wellness management.
FEBRUARY EDITION
C4C Thanks …
Contributors Mr. Barrett Gay Ms. Yolanda Bell
Dr. Tiemoko Coulibaly Mr. Isaac Decatur
Mr. Milton Hill Ms. Arthuretta Holmes-Martin
Dr. Keesha Karriem Mr. Oliver Mitchell Mr. Anthony Perry Mr. Randy Raigns Ms. Valerie Rose
Ms. Nossie Robinson Mr. Chauncey Robinson
Ms. Paulette Taylor Ms. Diane Williams Ms. Terri Williams
Publishing Editor
Tanya Ward Jordan
Published by The Coalition For Change, Inc. (C4C)
[email protected] Library of Congress
ISSN 2375-706x
Volume 02 /No.2 February 2015
You can send donations to: The Coalition For Change, Inc. (C4C)
P.O. Box 142, Washington, DC 20044