The C4C Federal Exchange Newsletter Vol.2 / No.5 (May 2015) ISSN 2375-706X 1 | P a g e

http://www.supremecourt.gov/oral_arguments/

argument_transcripts/09-400.pdf

C4C Members Attend State of Race In America Symposium

Pictured left to right: Arthuretta Holmes Martin (C4C Health and Wellness Chair; Tanya Ward Jordan (C4C President) and Terri Williams (C4C Greetings Chair)

The Coalition For Change, Inc. (C4C) attended the fifth annual Aspen Institute Symposium on the State of Race in America. The Symposium, which was held in Washington, DC at the Newseum, explored new attitudes, opportunities, and challenges for and about people of color in 21st century America.

Ben Jealous, former President of the NAACP pictured far right, joins panelists in a discussion about Race In America

Learn more and see video HERE. C4C’s Arthuretta Holmes Martin poses question to panelist at 1.09.12 into program.

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

MONTHLY NEWSLETTER

ISSN 2375-706X Volume 2 / No. 5 May 2015

About the Cat’s Paw Theory? The “cat’s paw theory” borrows from an old fable in which a sly monkey convinces a cat to reach into a fire to get roasting chestnuts. The cat is tricked, burns its paw, and the monkey enjoys the chestnuts without injury. In the discrimination framework, the theory means that an employer, like the duped cat, can be liable -- if an ultimate decision-maker was deceived by a biased manager who reports an employee for misconduct and the reports from the biased manager were not truthful.

EXAMPLE The Equal Employment Opportunity Commission (EEOC) applied the “cat’s paw” theory in finding that the Department of Veterans Affairs subjected a nurse to reprisal for prior EEO activity when it did not select her for a position, despite the selecting official’s lack of knowledge of the nurse’s EEO activity. The EEOC found the agency liable since the selecting official did not select the complainant because of a negative reference from her then-supervisor at the agency, whom the EEOC found harbored a retaliatory animus against her for her protected EEO activity. The EEOC’s use of the cat’s paw theory shows that awareness of a complainant’s previous protected activity is not a requisite to a finding of retaliatory action or inaction against her. (Complainant v. Dep’t of Veterans Affairs, EEOC Appeal No. 0120110544 (Sept. 23, 2013). Also see Supreme Court decision Staub v Proctor Hospital at http://www.supremecourt.gov/oral_arguments/argument_transcripts/09-400.pdf

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The C4C will host a panel discussion on “Discriminations Effect on the Health and Wealth of Black Americans” at the upcoming Blacks In Government training. It will be held

from 24-27 August 2015, at the Hilton Orlando Florida. The C4C will host a panel discussion in Atlanta at the upcoming 100th annual conference of the Association for the Study of African American Life and History (ASALH). The conference will be held September 23-27, 2015. C4C will cover -- "How Civil Rights Violations Occurring with the Federal Sector Lead to Adverse Health and Wealth Consequences Throughout the US Black Population." H.R.1557 - Federal Employee Anti-discrimination Act of 2015 - The following Representatives have signed on to co-sponsor H.R. 1557 m which was introduced on March 25, 2015, by Rep. Elijah Cummings:

Rep Eleanor Holmes Norton, Rep. Jason Chaffetz,[UT-3],

Rep. Sheila Jackson Lee [TX-18] and Rep. James F. Sensenbrenner, Jr. [WI-5].

CASES

OWCP Claim Processing—States A Claim Appellant alleged discrimination in the agency's failure to submit her injury compensation claim to the Office of Workers' Compensation Programs (OWCP). The Commission held that she stated an EEO claim, as her complaint addressed the processing, rather than the merits, of her OWCP claim. Brown v. United States Postal Service, EEOC Request No. 05980128 (July 22, 1999).

Sanctions Against Agency The Commission upheld adverse inferences ordered by the Administrative Judge against the agency where it failed to include comparative information in the report of investigation and then failed to produce the information in response to complainant's discovery requests. Petersel v. Postmaster General, EEOC Appeal No. 0720060075 (October 30, 2008).

Settlement Agreement Invalid

The Commission concluded that the settlement agreement was invalid because it did not comply with the requirements of the Older Workers Benefit Protection Act of 1990, 29 U.S.C. 626(f) and it did not specifically refer to appellant's age claim. In the present case, the agency did not advise appellant in writing to consult with an attorney before signing the agreement. Appellant was only given 24 hours to consider the agreement. Woychik-Brown v. Department of Agriculture, EEOC Request No. 05960768 (July 16, 1999).

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In Case You MISSED It . . .

(Click RED Heading)

Five Bonneville Power officials lost their positions over veteran-hiring scandal

Whistleblower protection may be broader than you think

Don’t Neglect Employee’s Medical Conditions In Discipline Decisions

Bowman v. Small Bus. Admin., MSPB No. AT-0752-13-0538-I-1 (2015)

The C4C Submitted Suggestions to the EEOC on How to Improve Federal EEO process. See

LETTER.

Race and National Origin Discrimination Persist 50 Years after EEOC’s Founding,

Experts Say

The Scoop: Keeping the U.S. Marshals Service Accountable

US Marshals Investigated for Quid Pro Quo

Hiring, Misuse of Asset Forfeiture Funds

EXPOSED

TODD ZINSER

Todd Zinser, the Inspector General of the U.S. Commerce Department, is again under attack from Congress and groups, who are seeking that President Obama remove Zinser from office, because of an alleged pattern of misconduct, including retaliation against whistle-blowers and the hiring of someone suspected of being his girlfriend. Read more here. The Office of Special Counsel investigated Zinser for allegedly blackmailing four Commerce agents into signing nondisclosure agreements that kept them from talking to investigators and the public about undisclosed claims of wrongdoing by the inspector general’s office. http://nypost.com/2014/09/16/commerces-zinser-ripped-in-censusgate/ On Aug. 26, 2014 four members of the House — two from each party — sent a scathing letter to Zinser about his treatment of Commerce employees who were trying to report allegations of wrongdoing within the agency.

The hottest place in Hell is

reserved for those who remain

neutral in times of great moral

conflict.

Martin Luther King, Jr.

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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.

C4C’s New Telephone Number 202-810-5985

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

Washington, DC 20044