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A survey of Equal Employment Opportunity Commission employees suggests that morale is decreasing as the agency's workload is reaching record levels.

Respondents to a January survey conducted by the American Federation of Government Employees Council 216, which represents EEOC workers, said they needed more support to deal with a rising pile of employment discrimination claims. The union posted the survey on its Web site: 200 employees participated.

Fifty-seven percent of respondents said the number of front-line employees at EEOC was inadequate, and 35 percent said the number was so low it constituted a crisis. Fifty-nine percent of respondents said morale in their office was at the lowest levels possible.


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Agency staffing has decreased by 25 percent since 2001, falling from 2,850 to 2,150. Meanwhile, the caseload is growing.

EEOC received 95,402 reports of discrimination from employees in the public and private sectors in fiscal 2008, an all-time high and a 15 percent increase from 82,972 claims in fiscal 2007. The backlog of cases also increased, growing from 54,970 in fiscal 2007 to 73,951 in fiscal 2008. This pushed the wait time for processing a single case from six months to eight months.

Tensions created by the economic downturn and surges of layoffs have contributed to the growing caseload, said Peter Mina, a lawyer who specializes in federal employment discrimination law.

"Financial trouble can lead to cuts at all levels, including rash decisions that could result in legal liability and costly lawsuits," Mina said. "When cuts need to be made, managers should consider it their responsibility to explain the rationale for their actions to the affected employees. A lack of communication between managers and employees will only lead to more discrimination complaints."

EEOC funding has remained level for the past five years, making it difficult for the agency to hire more employees to handle the burgeoning workload. But the fiscal 2009 omnibus spending package President Obama signed in early March includes a $15 million increase for EEOC.

Gabrielle Martin, president of Council 216, said she hoped EEOC officials would use the extra money to bring the agency closer to its 1994 workforce of 3,000.

"If the increase is used to replace lost front-line staff, then workers who have experienced discrimination should begin to get the help that they need faster," Martin said. "Honestly, more funds are needed to turn around years of damage caused by frozen budgets. However, we are pleased at the down payment Congress is making to support civil rights enforcement."

Christine Griffin, acting vice chair of EEOC, said she and acting Chairman Stuart Ishimaru planned to direct much of the omnibus funding toward hiring.

"We hope this year's actions are signaling where we'll go in the future," Griffin said. "No matter where you go, no matter which office you visit, the issue is we have investigators who are doing intake [of cases] a week or two weeks out of the month. They're saying, 'When do we get the time to do these investigations?' "

COMMENTS

  • I've wanted a job with the EEOC for about 10 years now. I went to law school to deal with EEO type issues and then interned with an Administrative Law Judge. I loved it! I really thought I'd found my niche. But a hiring freeze kept them from hiring me when I graduated and I've been unable to get back in. As to the comments about the EEOC existing despite only finding discrimination in 1% of the cases, think of this: Just because a judge finds discrimination does not occur does not mean there was no discrimination. Even the judges themselves recognize that. All it means is that the complainant was unable to prove his or her case. Proving discrimination is very, very difficult. You're trying to get into the mind of a hiring manager and you almost never have direct evidence. I was lucky to be able to work on a case where there was discrimination and I got to write the opinion finding it. Still, I saw far more cases which were either without merit or at least without evidence to prove it. (On a personal note, I think I was the victim of discrimination myself after law school. I interviewed in my hometown with a small firm only to be told something like 'well, we hired this one woman who was doing great, but after the first year, when we had her trained, she ran off to get married.' I just so happened to be an unmarried woman of child bearing age at the time, so you do the math. I didn't sue. Even that evidence wouldn't be enough, though I know many people can figure out what went on. Plus, at the time, I didn't want to start my career with a lawsuit against potential employers. It could've sent the wrong message, I thought. The point being, even if judges can't find discrimination, it doesn't mean they don't care or don't understand on some level). So, even if the EEOC is flawed, it still has a valuable place in the world. I just wish they'd let me in. Being an ALJ has been my dream since my intership, and now I see they're hiring 'attorney examiners' for that role--in order to pay less money and get around hiring from the ALJ list, no doubt. Still, I hope I get in some day. I'd love to do my best to help change things for the better from the inside.
  • Here's how to deal with EEOC incompetence & corruption The only and best way to deal with EEOC investigators’ bad practices and incompetence is to expose them to the public. Employee Justice Report, an employee advocacy platform, provides a powerful means to force EEOC to become better at weeding out frivolous cases and spending quality time on prima facie cases. At EmployeeJusticeReport.com, complainants are able to (1) rate their investigators and (2) submit a factual report detailing their investigators incompetence and bad practices. The ratings will be seen by millions of people and, with the intense eyes on EEOC, they will be forced to become more efficient and consistently fair. The reports filed will establish a permanent record on investigators, which can be used to highlight and deal with patterns of incompetence and bad/illegal practices. The other side of the coin is that good investigators will hopefully get good ratings and will be encouraged to continue doing their best.
  • Here's how to deal with EEOC incompetence & corruption: The only and best way to deal with EEOC investigators’ bad practices and incompetence is to expose them to the public. Employee Justice Report, an employee advocacy platform, provides a powerful means to force EEOC to become better at weeding out frivolous cases and spending quality time on prima facie cases. At EmployeeJusticeReport.com, complainants are able to (1) rate their investigators and (2) submit a factual report detailing their investigators incompetence and bad practices. The ratings will be seen by millions of people and, with the intense eyes on EEOC, they will be forced to become more efficient and consistently fair. The reports filed will establish a permanent record on investigators, which can be used to highlight and deal with patterns of incompetence and bad/illegal practices. The other side of the coin is that good investigators will hopefully get good ratings and will be encouraged to continue doing their best.