Monday, November 26, 2012

Equal Employment Opportunity Commission (EEOC): The Appearance of Justice


One of America's deep, dark secrets is workplace abuse. Victims of discrimination are speaking out from all over the country. There is a growing workplace battleground where a record number of employees are being fired, demoted and otherwise punished for speaking out against discrimination and harassment such as sexism, sexual harassment, sex and race discrimination, stalking, intimidation and other acts of workplace abuse. We need to prepare to expose it. These abusive workplace managers (bully management) have no incentives to stop their abusive and hostile acts against their employees.

When one feels that they were treated unfairly in the workplace, the only choice they have is to file an EEO complaint also called a discrimination complaint also known as workplace abuse. They were designed to control the federal government's exposure to criticism by their employees. Without them, the federal government would appear to the world to be hypocrites. It might affect the federal government's ability to control foreign and domestic policies.

The current laws were written to protect employees from workplace abuses, but the judges (EEOC, MSPB, and Federal Court) - ALL interpret the laws as if they were written to protect the agencies. EEOC has clearly failed its mission to protect employees in the workplace. It does not work and needs to be abolished and replaced with something that will work.

Many victims are unsure of their options. Once educated on their options, many can make more sound decisions on what steps to take. Everyone must understand how the system works. When victims find out there is no justice by filing an EEOC complaint, they lose some of their spirit to continue to fight. It's a rude awakening but for many, it's all the more reason they must continue to fight. Once you file one complaint, whether you filed it on the basis of race, color, religion, sex, national origin, disability, or age - your life goes under a microscope. You will end up filing more complaints referred to as retaliation complaints especially if you work for the federal government. In other words, the reprisals will be so severe once you file one complaint, that your managers will alienate you away from your co-workers and even use them to carry out selfish acts of harassment against you. You are left with no other choice but to file another complaint.

The goal of abusive managers is to break the spirit of good, hard working, honest employees. When you break the spirit of people - you are left with a person who can't think for themselves. Take for instance the alarming statistics of black women who work on the federal level. One out of every 20 black women (if not less) - 1) have been on stress leave, 2) is on stress leave, 3) or is contemplating going on stress leave. Why the disparities? After filing an EEOC complaint, chances are whether you are a male but especially a female - you will end up on UNPAID stress leave because of the retaliation. Other repercussions for filing a discrimination complaint is: 1) filing for bankruptcy because there is little or no income to pay your mortgage, 2) getting divorced because of the mental and financial pressure on your spouse and family, 3) loss of good health and life insurance because you are off from work for over a year, 4) loss of your health and spirit, and 5) for many becoming homeless.

As Corporate America moves increasingly more towards diversity, they would have to learn to treat people with dignity. They must embrace fair hiring not only because it is the right thing to do also because it's good business. Over the last decade the names of major companies sued for discrimination read like a Who's Who of American business. Just to name a few -Texaco - $176 million settlement; Denny's - $42 million settlement; Adams Mark - $8 million settlement; Shoney's - $132 million settlement; Los Angeles County Police Department - $100 million settlement (largest settlement in its history for racial and gender discrimination); AstraAB, a pharmaceutical company - $9.8 million (sexual harassment class action); Sheet Metal Workers International Union - $2.6 million.

In some companies or agencies, abuse comes in forms of intimidation and harassment which not only pollutes the entire workforce but it affects the taxpayers as well. For instance in the case of the United States Customs Service where over 1300 African American women international travelers in Chicago had to come together to file a class-action lawsuit against U.S. Customs for abusive and illegal pat-downs and strip-searches. Eventually only eighty-seven (87) women received justice and were awarded $21,000 individually, out of a $2 million dollar settlement. This is a prime example of how unmanageable managers and employees and their policies and practices can also affect the public and taxpayers. To this day many of these women fear the government and are afraid to board airplanes.

Don't forget about how IRS agents went on Gestapo Type Raids and carried out a rampage against good, hard working taxpayers. Many taxpayers ended up committing suicide because their homes, cars and other possessions were taken away from them illegally. Everyone should remember Jennifer Long, a whistleblower, who testified against the IRS abuses. Some companies welcome women, African Americans or gays, but are horrible at welcoming the disabled. If you don't have an inclusive workforce, people know that. The word a diverse market gets out pretty fast. You have to walk the walk.

Many women and African Americans employees who experience blatant acts of sex and racial discrimination are the last hired and the first fired. These minorities are treated as if they are second and third class citizens in their own country. Article 5 of the Declaration of Human Rights states that - no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. But because of the current economy, this is exactly what's taking place in workplaces all over the United States.

African Americans are being fired at an alarming rate, while other managers and employees bring in their relatives to replace them. Eighty percent (80%) of complaints that enter into any civil rights office is employment discrimination. Women and African Americans should not and cannot afford to back away from the workplace. Not everyone can become an entrepreneur and open their own business so we must keep pushing forward to provide opportunities for people. We can no longer turn a blind eye to these types of disparities. Something must now be done!

The answers are in the halls of Congress and unless the public/taxpayers take another look at workplace abuse and demand change, people will continue to become victims.

With Corporations continuing to downsize and many jobs being outsourced and sent overseas, there must be some type of public outcry that allows workplace abuses without constraints or checks and balances. We are left with no other choices but to take action and move forward to change the system. We can no longer afford to remain quiet. Our kids must understand that even though there is an appearance of justice there is NO JUSTICE when you file a complaint in the workplace. They must learn that when they leave the comfort of their homes, there is something very sinister out there called workplace abuse. They must understand that they have no other choice but to open their own businesses.

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