EEOC Workplace Complaints Generally in Line at FCC, Despite Ongoing Case
Though the FCC is fighting a workplace retaliation complaint lawsuit by a worker (see 1609300016), other metrics point to the agency's workforce being not nearly as troubled as some agencies. The complaint is part of growing overall numbers of retaliation suits nationwide, partly because the bar is higher to prove workplace discrimination than retaliation, said Noah Peters, an employment lawyer with Bailey & Ehrenberg representing the plaintiff in that suit before U.S. District Court for the District of Columbia. Employees who bring Equal Employment Opportunity Commission complaints also face more retaliation, Peters said.
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More than 20 federal agencies, offices and bodies were sued in U.S. District Court in the District of Columbia for civil rights-related jobs complaints between Jan. 1, 2014, and June 30, 2016, including the FCC. Some were sued multiple times in that period, including the U.S. Capitol Police, with five suits, and Department of Homeland Security, with four.
The workplace retaliation suit is the first such legal complaint against the FCC in years. The most-recent prior such complaint (in Pacer) was in 2008, brought by a senior auditor, Ann Bright, alleging she was denied promotion to accountant while white male colleagues weren’t. That suit was settled (in Pacer) in 2012 with a retroactive promotion and Bright agreeing to voluntary early retirement at that higher pay scale.
The agency came in above average among federal agencies ranked by employee engagement in the 2015 Federal Employment Viewpoint Survey's Employee Engagement Index (see 1509300036).
When looking at EEOC proceedings and complaints, the FCC has often fallen squarely in line with federal departments and agencies broadly. The FCC in FY 2013, with a workforce of 1,796, had 10 complaints lodged by 10 complainants. On the number of complaints as a percent of the total workforce, the FCC was roughly in line with the federal government as a whole. Those FCC results were nearly identical with the EEOC's FY 2012 report, which itself saw a jump from FY 2011, when the 1,804-person FCC had five complaints from five complainants. According to EEOC data, the most-common basis for complaints against the agency those years was for race-based discrimination against African Americans. The FCC didn't comment.
The FCC didn’t file a FY 2014 report with the EEOC, said that agency. The FCC said it did file a FY 2014 report, but after the due date, and with the EEOC reporting system being automated it may reflect no report being filed because of that.
A low to average number of EEO complaints doesn't necessarily mean an agency is overall supportive, Michelle Bercovici, an employment lawyer at Alden Law Group, emailed us. Recurring problems can come up in certain offices or divisions that can be masked in overall data, she said. "Complaints are a sign of an issue, undoubtedly, but it is not determinative," she said, saying federal employees in some agencies or divisions can be more afraid of reprisal for filing a complaint. Some problems don't get reflected in EEO data, such as filing a grievance with a union, she said. It's important how seriously an agency "takes its responsibilities under Title VII and the Rehabilitation Act," Bercovici said. "Having a well-trained staff and well-trained civil rights office is really a key factor, as is ensuring that the Agency is being responsive to complaints, has resources available to deal with reasonable accommodations for employees with disabilities, and are able to get staff out to provide training and take preventative actions. Agencies that do not do this and who do not have an effective civil rights office and process will see more problems. ... Those are often the same agencies that we have repeat clients from."
Equal employment complaints at federal agencies like the FCC and those in private sector are an apples/oranges comparison, said Subhashini Bolllini, an employment lawyer at Correia & Puth. Federal sector workers have a 45-day window to launch an EEO complaint, but the private sector timeframe to file charges with the EEOC is substantially longer, she said. Among federal agencies, Bollini said, some agencies will generate more complaints, with fewer of those complaints being resolved in the informal first step before a formal EEO complaint.
EEOC complaints in general have been on the rise over time, Bollini said. That doesn’t necessarily signify more workplace discrimination but could point to employees being more cognizant of their legal protections, Bollini said: “There is something to be said for the confidence employees have in needing to assert their rights.”
Peters said the retaliation suit against the FCC "is not an isolated issue," with the FCC having received negative publicity in the past about similar employee misbehavior. The case stems from a 2012 EEOC complaint after the plaintiff, Sharon Stewart, said she complained numerous times to supervisors about a fellow worker watching pornography on his work computer.