in Government (BIG) was organized in 1975 and
incorporated as a non-profit organization under the
District of Columbia jurisdiction in 1976. We are
a professional development association comprised of
federal, state and local public servants in eleven
regions nationwide. We are committed to promoting
equity, excellence, opportunity and a workplace free of
discrimination and retaliation.
The News - check out what's happening in
meetings - check the schedule for the next
discrimination Rules from OPM and EEOC
the next few months, rules which will dictate how agencies follow
new laws intended to hold agencies and managers accountable for
discriminatory practices will be issued in parts for public comment.
regulations will explain how agencies must reimburse the federal
treasury for monetary awards and settlements paid for discrimination
and retaliation complaints. Agencies must decide how they will
reimburse the Treasury fund, per OPM General Counsel Mark Robbins.
Robbins stated that OPM's rules will likely stipulate:
judgments issued and settlements signed after October 1 will be
covered under the new law and will become the fiscal responsibility
Cases in which a judgment was issued before October 1 will not be
covered, even if the judgment is overturned on appeal.
Agencies have 45 days to either reimburse a paid settlement or
outline in writing to OPM and Treasury how they intend to reimburse
rules on how agencies will post information concerning bias cases on
their web sites are being finalized by EEOC. The new rules,
which are now in draft form, will be published and open to public
comment after approval by the four member commission, stated Carlton
Hadden, director of EEOC's Office of Federal Operations.
first data report covered by EEOC's regulations is due December 31,
although the commission will likely propose that the deadline be
extended at least 30 days.
anticipates issuing a separate set of interim regulations within a
couple of months that will spell out how agencies must comply with
other reporting and employee training requirements in the law.
regulations will direct agencies to educate and train their
employees on their rights and protections under discrimination and
whistleblower laws, Robbins said. The first report under those
requirements is not due until March 2005, and agencies will have
until the end of September 2004 to comply with training and
signed the law, called Notification and Federal Employee
Antidiscrimination and Retaliation Act, or NO FEAR for short, in May
2002 but waited until July 2003 to formally appoint specific
agencies to write the rules that will the law into effect.
the Good Fight!
up with key complaints involving African-American employees within
the Federal Government as well as State and Local
No FEAR cont'd
Members of the civil rights community who
fought for the bills (NO FEAR) passage are concerned that the last-minute rush
to publish the regulations show a lack of commitment to the goals behind the
"There's clearly in our mind a disrespect
the people who have been victimized in the process and a lack of respect
for the bill,"
said Marsha Coleman-Adebayo, a senior
policy analyst at
Protection Agency who filed and won a
discrimination and retaliation
complaint against the EPA in 2000.
"This is the first civil rights bill this
century, and so far we are not impressed at all with the process that has been
put into place," she
Robbins admits that he would have liked
time to craft the rules, but said the
delay should have no impact on how the
law's requirements are carried out by
He added that OPM
work with Coleman-Adebayo's No Fear Coalition, which is a group of
employees who have been discriminated
against, and others to draft a
second set of regulations.
Source: Federal Times 9/29/03