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Do you know about BULLYING?

According to a study by the Employment Law

Alliance, almost half of all employees have

been targeted by a bullying boss. The study

revealed the following: 81% of bullies are

managers; 50% of bullies are women; and

50% are men. 84% of targets are women.

82% of targets lost their job.

Do you know about the GLASS DOOR?

The Glassdoor is a job and career site where

employees post the pros and cons of their

companies and bosses. Information is shared

anonymously covering both public and private

sector employers.

The Coalition For Change, Inc. (C4C)

Tanya Ward Jordan, Founder In 2009, The Coalition For Change, Inc. (C4C) was formed as a volunteer organization with a dual purpose. Firstly, the C4C was organized to provide on-site and virtual support to members needing informational and spiritual support which is most often essential after enduring retaliation in the federal workplace. Secondly, the C4C was formed to combat the persistent presence of “race” discrimination and “retaliation” within the U.S. Federal Government. The C4C members include present and former federal employees who have been injured due to unlawful violations of Title VII of the Civil Rights Act of 1964.

The C4C views workforce diversity, when used effectively, as an important advantage that gives management access to a variety of people and skills to successfully meet the federal sector’s business needs and to improve the quality of life for U.S. citizens. To learn more about C4C activities see video About Us: The Coalition For Change, Inc. (C4C).

THE C4C FEDERAL EXCHANGE THE COALITION FOR CHANGE, INC. (C4C)

MONTHLY NEWSLETTER

ISSN 2375-706X Volume 01 /No.1, November 2014

HIGHLIGHTS IN THIS ISSUE: PROFILE OF COURAGE: Isaac Decatur 2 FEDERAL FOCUS: General Services Administration (GSA) and the NO FEAR Act How Does GSA Measure Up? 4 ADDRESSING A HOSTILE WORKPLACE CULTURE (Video): David Grogan 5 MUST READ: Realism of Race in Judicial 5 Decision Making DISCRIMINATING OFFICIALS (Interior) 6 PROTECTING YOUR -- Mental, Physical, Emotional and Financial Health When Selecting and Working with a Lawyer (Part 1 of 2) 7

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Affiliations: The C4C is both a member of the Black Communities United For Progress (BCUP) and a member of the Make It Safe Coalition (MISC). As a member of the BCUP, C4C is a part of a virtual community of civil rights organizations and activists that seek to create a global stage for honest and vigorous discussion about race relations in America in the 21st century. In this regard, C4C provides BCUP with insight on the challenges African Americans face in the federal sector when seeking equal employment opportunity and/or when seeking equal access to government programs and services.

As a MISC member, the C4C provides the civil rights community with access to others within the larger and more diverse whistleblower community that has members pursuing a wide variety of missions focused on such areas as defense, homeland security, natural disasters, scientific freedom, consumer hazards, and government corruption. We are united in the cause and collaborate to strengthen protections for all whistleblowers. We join our MISC partners in protecting those in government who honor their duties to serve and warn the public.

Adverse Actions Most federal agencies are authorized under 5 U.S.C. Chapter 7512 to suspend, demote, furlough, or remove employees for "such cause as will promote the efficiency of the service." Actions taken under 5 U.S.C. Chapter 75 are "adverse actions." Adverse actions are to be based upon misconduct, unacceptable performance, or a combination of both. They may also be based upon non-disciplinary reasons such as medical inability to perform or

furlough. Governmentwide regulations are issued at 5 CFR part 752 which implement the

law.

TITLE VII: PROFILE OF COURAGE

A Salute to Isaac Decatur, Federal Whistleblower

Issac Decatur in Washington D.C. by the Rosa Parks Statue.

Former U. S. Navy veteran, Isaac Decatur once worked at the U.S. Department of Veterans Affairs (VA) as a supervisor with the VA at the New Orleans Medical Center. In 2005, Hurricane Katrina devastated the Gulf Coast region. During this period, Decatur reported to senior staff offenses that were occurring within the VA including employment discrimination in violation Title VII of the Civil Rights Act of 1964. As a result of his disclosure, Decatur was subjected to intense retaliation, put on a BLACKLIST,” repeatedly reassigned and, in 2007, he was removed from federal service. Veteran Decatur, a man of integrity, a man of conviction and a man of God, filed an Equal Employment Opportunity complaint against the VA. In 2009, he successfully proved that the VA management officials were “guilty” of retaliation. The case has since been recorded in the EEO Digest of

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Equal Employment Opportunity Law, Vol. XX, No. 4, Fall 2009 Isaac P. Decatur, Jr. v. Department of Veterans Affairs, EEOC Appeal No. 0120073404 (September 25, 2009). Read more about Veteran Decatur in African American Voice Newsletter, Nov. 2014, The Call of Conscience: The Long Journey of Isaac Decatur, Jr., by Margaret Stokes (p3).

CASE HIGHLIGHT

Alvara v. Dept. of Homeland Security (MSPB Docket No. DA-0752-10-0223-E-1;

EEOC Petition No. 0320110053)

Schedule Change as Accommodation Backed - In the Alvara case, the rarely convened Special Panel adopted a July 10, 2014 U.S. Equal Employment Opportunity Commission (EEOC) decision which had found that “attendance and timing are not essential functions of a position under the Rehabilitation Act.” The Special Panel majority found that the agency was under an obligation to provide a reasonable accommodation to the Customs and Border Protection officer. READ MORE and/ or VIEW VIDEO of hearing.

Class Action Against U.S. Census Bureau

A New York federal court approved the

addition of Latino applicants to a previously

certified class action lawsuit alleging the U.S.

Census Bureau unlawfully screened out

hundreds of thousands of minorities from

temporary jobs for the 2010 census. READ

MORE.

U.S. Marshals Win EEOC Class Cert. On

Race Bias Claims - Fogg v. Holder The EEOC revived class claims of Matthew Fogg who at the time of events giving rise to this complaint worked as a Criminal Investigator with the U.S. Marshals Service. The EEOC certified a sweeping class of African American marshals over the past 18 years. The law enforcement agency has been accused of systematically discriminating against African Americans. The Fogg v Holder class action is the one of two (2) class actions filed by Black U.S. Marshals. The Fogg case is pending in the agency administrative process. The other case, Civil Action No. 08–1747 (BJR), is in U.S. District Court of District of Columbia. READ MORE. C4C Joins Others in a Sign-On Letter to President Obama In a letter dated October 23, 2014, The

Coalition For Change, Inc.(C4C) joined other

groups in writing to President Obama seeking

specific provisions through legislative means to

enhance agency practices when responding to

Freedom of Information Act requests. READ

MORE. Justice Dept.’s Actions Will Derail Civil Rights, Coalition Leaders Say – A coalition of civil rights leaders say U.S. Department of Justice's (DoJ) use of a six-year time bar “scheme” would restrict federal Equal Employment Opportunity (EEO) complainants access to the courts. The C4C and other members of the civil

rights community assert that DoJ’s use of 28 USC

2401(a) undermines specific timeframes for filing federal complaints as prescribed in Title VII of the Civil Rights Act of 1964, as amended in 1972. READ MORE at East County Magazine.

Vet alleges supervisors at CBP IA ignored his disability: “He Just needed an ounce of compassion” -- Pt. 1 By Robert Lee Maril J. Gregory Richardson, a Lieutenant Commander in the Navy (Retired) who suffered an injury to his back during his last

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deployments, asserts that his former employer (Customs and Border Protection Internal Affairs CBP IA) ignored his status as a disabled veteran despite extensive records of his medical condition. READ MORE at Homeland Security News Wire. Social Security Administration and Class Action Counsel Announce Major Settlement of Class Action on Behalf of Employees with Targeted Disabilities READ MORE

Department of Homeland Security v. Robert

MacLean, the First Whistleblower

Protection Act Case was heard in front of

the Supreme Court. Federal air marshal

Robert MacLean was fired after exposing a

government plan to suspend air marshal service

on long-distance flights at the same time

terrorists were threatening to target U.S.

aircraft. Question: Do individual government

workers have the freedom to make a difference

by warning the country when bureaucrats make

what could be disastrous mistakes? Learn more

about MacLean’s whistleblower story HERE.

The U.S. General Services Administration (GSA) and the NO Fear Act: How Does GSA Measure UP?

Dr. Keesha Karriem, C4C Advisor

Recently, the C4C reviewed GSA’s FY 2013 statistics pursuant to the No FEAR Act of 2002. We were most disappointed to learn the following:

Half (42) of the 85 complaints filed, involved allegations of race-based discrimination;

Over ½ (45) of the 85 complaints filed, involved allegations of reprisal;

15 of the 85 complaints filed involved Promotion/Non-Selection and

GSA took an average of 273.46 days to investigate an employee complaint.

This reflects a significant increase in processing time from the GSA reported figure of 196.90 reported in FY2010. GSA's submitted data discloses that the agency, on average, exceeded the 180 days for completing investigations of discrimination as prescribed by 29 CFR 1614.108 (f). Long delays, as reported by GSA, in resolving in-house human resources management issues draw our concern. After all, workplace issues have a debilitating and potentially disastrous impact on employee morale (subordinates and supervisors), productivity, and costs to the taxpayers. Moreover, delays in resolving internal workforce conflicts, calls into question the agency's ability to accomplish its proffered mission, cited on the GSA website, "of providing value to both the American taxpayer and the agencies of the federal government." In today's global environment of transparency, GSA should ensure low-cost procurement practices as well ensure diversity and fairness towards its most valuable resource-GSA employees. It is C4C's sincere hope that GSA will provide the needed leadership to provide a win-win resolution to complainant cases; and that in accordance with the No FEAR Act, GSA will ensure a fair and equitable work environment for all GSA employees. For workplace conflict, inequality and retaliation within any federal agency not only injures the affected civil servant, but disturbs vital resources that an agency might otherwise spend on mission critical concerns.

U.S. General Services

Administration

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FEATURED VIDEO: Addressing A “HOSTILE” Federal

Workplace Culture

Mr. David Grogan, retired supervisory Deputy United States Marshal, addresses participants attending the 2014 Civil and Human Rights Whistleblower Summit in Washington DC on Capitol Hill. Mr. Grogan provides insight into the hostile work environment within the Department of Justice's United States Marshals Service. Mr. Grogan, who once served as lead class agent in the race-based class action lawsuit against the federal law enforcement agency, describes a federal workplace that was like a "COMBAT ZONE" (VIDEO--click HERE to view)

Do You have Standing to Sue the Government Under the Federal Sector EEO Complaint process? An individual must be a federal employee or applicant for employment to have standing to bring an action under the federal sector EEO complaint. Agencies often dismiss complaints after the agency determines the complainant is a “CONTRACTOR” rather than a federal employee. In reviewing agency lack of standing dismissals in such cases, EEOC has focused on the facts and circumstances surrounding the individual's relationship with

the Agency, and not simply upon whether the complainant meets the technical definition of an employee. See Complainant v. Department of State, EEOC Request No. 0520110069 (April 26, 2012) [The fact that complainant worked under a blanket purchase agreement for the agency was not as pertinent as the fact that the working relationship was such that the Agency held considerable control over complainant's job performance thereby, establishing a de facto employer-employee relationship]. Source: EEOC

MUST READ

I. THE REALISM OF RACE IN JUDICIAL

DECISION MAKING: AN EMPIRICAL

ANALYSIS OF PLAINTIFFS’ RACE AND

JUDGES’ RACE

Pat K. Chew & Robert E. Kelley Although the American society is becoming increasingly diverse, the federal judiciary continues to be predominantly White. “What difference does this make? This article offers an empirical answer to that question through an extensive study of workplace racial harassment cases. It finds that judges of different races reach different conclusions, with non-African American judges less likely to hold for the plaintiffs. It also finds that plaintiffs of different races fare differently, with African Americans the most likely to lose.” Source: Extracted on-line from http://www3.law.harvard.edu/journals/hjrej/files/2012/11/HBK1021.pdf

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SHARING THE WORD C4C’s Greetings Chair

~Terri L. Williams

Greetings C4C Family!

How I move forward while going through a storm

that came like a tsunami. I thank my Lord and

Savior for discernment and for blessing me with a

spirit to forgive. I have peace that surpasses all

understanding. I FORGAVE each and every person

who lied and who were complicit in derailing my

federal career after I filed an Equal Employment

Opportunity complaint. I refuse to give them any

power over my life. I stand and I trust God to fight

my battles.

I say to each of you who are going through the

same type of suffering or when your life has been

interrupted, pray and ask God to give you the spirit

to forgive. Trust God to fight your battles; He wins

every time. He said he would make our enemies

our footstool. November is when we celebrate

Thanksgiving and I have a lot to be thankful for and

I am so thankful to have a spirit of forgiveness and

living my life filled with LOVE! Please be blessed

by the devotional below. Also be a blessing to

others and share, let us spread this act of

kindness: Let us ALL Live to Forgive!

Forgive

As I forgive, I am free.

Matthew 22:44

"'The Lord said to my Lord: "Sit at my right

hand until I put your enemies under your feet.

Find out who’s who in government

at http://www.allgov.com/officials

WELLNESS WATCH

Is your boss making you sick?

Researchers say having a bad boss can make you sick, both physically and mentally. Chronic stress can result when someone must deal daily with a bad boss. Such stress has been linked to anxiety, high blood pressure and sleep problems. It is also linked with unhealthy behaviors such as smoking, overeating and excessive use of alcohol. Source: Washington Post, R. Shannonhouse, October 20, 2014

DISCRIMINATING OFFICIALS

INTERIOR

CRAIG LITTLEJOHN

EEOC Case No. 570-2008-00625X

KATHARINE THOMPSON

EEOC Case No. 550-2009-00090X

ROSEMARIE GONSALVES

EEOC No. 550-2010-00360X

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A QUOTE FROM . . . Al Hunt, III, a Gulf War veteran and a former supervisor at the U.S. Veterans Affairs’ New Orleans Medical Center gives his insight about his life after ‘blowing the whistle” on management’s BLACKLISTING of veteran

employees who.

A Word From…

C4C’s Health & Wellness Chair ~Arthuretta Martin

Protecting your Mental, Physical, Emotional and Financial Health When Selecting and Working with a Lawyer

(Part 1 of 2)

This article is part one of a two-part series. It is written for the Federal employee who finds themselves in the unfortunate position of

challenging Goliath -- the U.S. Federal Government and who needs to select the right rock and sling shot for their case. No guarantees of vindication exist, but at least we can share with you how to avoid adding your lawyer as an opponent in your battle for justice.

If you have decided to challenge the U.S. Federal Government on an employment matter you most likely have done so after doing your best to resolve the matter within the agency. No one files an Equal Employment Opportunity complaint or a grievance within the Merit System Protection System unless they feel they have been wronged. Often times one is pushed into legal action to preempt losing their livelihood. Accusing an employer of violating merit system principles, discrimination or retaliation is blowing the whistle. Whistleblowers are generally perceived as betrayers of the “team.” A “good team player” is to take any abuse on the chin; to keep any unlawful transgression to themselves; and to go away quietly forgiving and forgetting. Should you decide to file a complaint, team members will likely circle the wagons to protect the “loyal team player” –the official alleged to have violated either a merit principle or civil rights law. A federal worker who files a complaint unaware of the unwritten rules may find themselves overwhelmed and shocked by their co-workers’ reactions. It is natural to want to trust the redress avenues the government established to address discrimination. Unfortunately, those avenues are intentionally riddled with landmines that will explode and will damage much of what you hold dear if you take the wrong step. Obtaining Legal Representation. Too many of us have heard horror stories about how fellow federal employees hired a lawyer to help them when they were vulnerable and after they spent tens of thousands of dollars depleting their retirement and savings, the lawyer they once trusted betrayed them. It is the exception that federal employees have experienced a favorable outcome or a favorable experience when using a lawyer to represent them. What can you do to protect yourself

“I had it made at the VA, and if not for the person that I AM, I would probably have either been still employed there or preparing for retirement. My future there was limitless, but like anything else it was going to cost ME something. I was not willing to pay the price for what they were offering. But that is a choice I believe I can and must live with.”

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from the same fate? First, you must know and understand that this is your case your life – not your lawyers. Second, make sure the lawyer you retain is one that knows about the “federal complaint process.” [The federal complaint process is uniquely different from the private sector complaint process.] Referrals from friends, family and networks are good; but you should diligently do your own research into the attorney’s background and credibility. You may want to attend association meetings of people with similar circumstances to find out the attorneys others have used. In our case it would be groups like The Coalition for Change, Inc. (C4C) Blacks in Government, and other Federal employee organizations. Ask for references when you conduct your first interview with a lawyer. The Bar Association is one source to do a background check. However, many Bar Associations see fellow attorneys as part of the team and will do their best to protect their colleague’s career. Another source to obtain background information on a prospective attorney are website review sites such as Martindale.com. This website is a peer review site where lawyers rate other lawyers. With a good search you might be able to find consumer reviews. Some of these sites are run by lawyers and they have their employees populate the comments. But again it is a source to consider. The best source is the court itself. Check with the local courts. Search for the attorney by name to see who they have represented. Talk to those individuals if you can and find out what they thought of the lawyer’s representation. If the lawyer wins for their clients you have a better chance of a favorable outcome. Conducting your own intelligence review of an attorney’s integrity can save you heart ache and money in the long run. Next month --“The LEGAL CODE OF CONDUCT”

You can send donations to:

The Coalition For Change, Inc. (C4C) P.O. Box 142,

Washington, DC 20044 Or VIA PAYPAL

ABOUT The C4C Federal Exchange

Newsletter: The C4C Federal Exchange Newsletter is the leading Internet publication devoted to addressing “race” discrimination and retaliation in the federal sector and all related Equal Employment Opoprtunity topics. The e-zine is written specifically for federal “civil rights” whistleblowers. The C4C Federal Exchange Newsletter is directly distributed monthly to C4C members. It is also posted via internet to readers interested in learning more about the federal workplace culture. The ezine, which obtained its ISSN from the U.S. Library of Congress in October 2014, covers everything from employment cases, book reviews, federal news to editorials on stress management.

Published by The Coalition For Change, Inc. (C4C)

c4c@coalition4change.org 1-866-737-9783

E-copies available at

http://issuu.com/c4cfed http://www.coalition4change.net/fedexchange

ISSN 2375-706X

The C4C Federal Exchange

Publishing Team (November Edition)

Ms. Arthuretta Holmes-Martin

Ms. Terri L. Williams Dr. Keesha Karriem

Ms. Tanya Ward Jordan