1400 Independence Ave., SW
Washington, DC 20250
Milton Mayo, Jr., Inspector General
Equal Employment Opportunity Commission
Office of the Inspector General
P.O. Box 77067
Washington, DC 20013
RE: Request for Formal OIG Investigations
Inspectors General;
Over the last 30 years Federally Employed Women--Legal Education Fund (FEW/LEF) is one of the most prominent employee based support organizations protecting Title VII claimants in the Federal Sector. It has come to our attention that the Office of General Counsel has proffered fabricated evidence and backdated documents in the matter of Michael McCray vs USDA (EEOC No. 570-2010-00744X).
On April 21, 2009 Agriculture Secretary Tom Vilsack proclaimed a new era on civil rights enforcement at the U.S. Department of Agriculture. The Agriculture Department plans to review more than 14,000 civil rights complaints that have been filed against the agency since 2000. Secretary Vilsack said only a small number of those complaints were eventually decided against the department and that 3,000 of the complaints have not even been processed. (Associated Press)
USDA was faced with three options in resolving these cases: 1) provide full due process, investigate and fully process the unprocessed claims, albeit ten years late; 2) don't investigate but immediately enter Final Agency Decisions denying the claims and close the files, however this would trigger the complainants' right to appeal; or 3) simply "back date" Final Agency Decisions denying the claims and then close the files, asserting some sort of administrative error. This method would deny the discrimination claims and also eliminate the complainants' right to appeal--by illegally fabricating evidence.
In testimony for the EEOC, the Assistant Secretary for Civil Rights (Joe Leonard) takes credit for the increase in Agency FADs as evidence of increased confidence in the Office of Civil Rights. We contend that the remarkable increase in FADs may well be the fabricated/backdated FADs introduced to resolve these 3,000 unprocessed claims.
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