NTEU CHAPTER 280 - U.S. ENVIRONMENTAL PROTECTION AGENCY,  NATIONAL HEADQUARTERS
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AN OPEN LETTER TO EPA ADMINISTRATOR CAROL BROWNER CONCERNING DISCRIMINATION AND MANAGEMENT PRACTICES AT THE EPA

The following statement, authored by Chapter 280 Secretary, Julie Simpson, was approved by unanimous vote of the Executive Board on October 24, 2000.    

                 The recent messages from Administrator Browner and Deputy Administrator McCabe reaffirming their commitment to address discrimination at EPA are welcome. As the representative of professional employees at EPA Headquarters, the union directs your attention to one of the themes highlighted in these messages:  management training and accountability.

                Federal law requires personnel practices in the federal government to be based on merit principles such as recruitment and advancement on the basis of knowledge, skills, and abilities; non‑discrimination; equal pay for equal work; dedication to the public interest; accountability for performance; and employee development through training and education.  EPA must rededicate itself to these principles at all levels of management.  It is our experience that managers can and do make decisions based not on merit principles but on their own preferences and biases.  There is little or no training for new managers in the merit system or personnel rules and policies.   Managers do not seem to be evaluated on their supervisory skills, and they too often are not held accountable for their treatment of their employees.  In fact, managers with records of discrimination continue to advance in their careers.  This creates a climate where anything goes.  A climate where anything goes is a climate in which discrimination can flourish.

                 Because so many managers lack fundamental supervisory skills, what may start out as a legitimate need to discuss or correct an employee's performance often is handled so badly that the employee only knows action is being taken against them or their job is being subtly adversely affected.  They do not know why.  Some employees are poor performers.  But it is management's obligation to explain to them how their performance needs to improve and to give them a chance to correct it.  All too often, this doesn't happen.  Instead, the manager marginalizes or avoids the employee.  This creates a climate where the employee may suspect discrimination because they know of no other reason why their career is being hurt.  

                When incidents of behavior that may be discriminatory do arise, many managers lack the skills or the will to address them directly.  We therefore often see the following responses:

                                 Avoidance.  If I ignore a problem, it doesn't exist.

                                Denial.  If I can't ignore it, I can still deny that a real problem exists.

                                Blame‑shifting.  Even if a problem does exist, I'm not the one who is responsible for resolving it.

                                Intimidation.  You had better not continue to insist there is a problem.

                                Character assassination.  You are continuing to insist there is a problem, but your saying so doesn't have to be taken seriously because you are just a problem  employee with no credibility.

                                Retaliation.  Because you continue to insist there is a problem, you are not a team player and will be treated accordingly.

             These responses do not address the question of whether discrimination has in fact occurred.  They are defensive tactics designed to protect the manager, often at the expense of the employee.  The cost to employees of pointing out instances of discrimination therefore can be enormous.  An employee will rarely do so unless they believe they have nothing left to lose.  This is the basis for the widespread perception that an employee who is legitimately the victim of discrimination can rarely say so without damaging or ending their career, but a manager who in fact discriminates generally suffers no adverse consequences.

                 The remedies available to employees are too often ineffective.  It can take years to get a civil rights case through the system.  In addition, the Office of Civil Rights itself has a history of discrimination claims brought by its own staff.  Many employees are therefore reluctant to file an EEO complaint because they are not confident that their rights will be protected.   

                Chapter 280 urges you and all of EPA’s leadership to look beyond numbers of women, minorities, and people with disabilities. No matter what their race, ethnicity, gender, or disability status, a poorly‑trained, inexperienced and under‑supervised manager is no asset to the Agency. 

                Creating diversity doesn't prevent discrimination.  EPA must reaffirm its commitment to merit principles and management accountability at all levels of the Agency.