S tat e o f D e l awa r e hearings Summary of Findings Report Executive Summary JANUARY 2016 Prepared by: Social Solutions LLC INtroduction... The Committee on Racism in State Government (the Committee), comprising the Interdenominational Ministers Action Council (IMAC), the Interdenominational Ministerial Alliance (IMA), the Interdenominational Faith Coalition of Sussex County (IFC Sussex) and the National Association for the Advancement of Colored People (NAACP ) Delaware was established to investigate Delaware State employees’ recitation of incidents and complaints and a timeline of highlights of discrimination in government workplaces. Interviews with current and former State employees revealed countless incidents of racial discrimination dating back to 1987. In 2015, the Committee released the “Preliminary Briefing Report—Delaware’s Concerned Clergy and African American Leadership Speak Out Against Racist Practices at the State of Delaware (the Report).” The Report introduced the Committee’s mission, provided the Delaware Landscape, outlined the Committee’s approach, and issued a call to action. To further this goal, the Committee provided public and private forums for State employees to share their experiences of racial discrimination in the workplace and created a hotline to accept State employees’ complaints of racial discrimination. Delaware State employees reported egregious incidents of racial discrimination at numerous departments and divisions across the state. The employees’ experiences were collected via intake forms, personal and private interviews, and written correspondence. The quantitative and qualitative data collected from the State of Delaware Hearings on Racism in State Government and the additional data sources are reported in this Executive Summary. state of delaware hearing process IMAC and the NAACP convened the first public hearing on July 28th in Wilmington, Delaware. In August, the IMAC and NAACP partnership expanded to include Kent & Sussex Counties. The series of hearings were scheduled during the months of July, August and September in community churches throughout all three counties to provide state employees an opportunity to speak about their experiences in state government in a “safe” environment. Well over 100 minority State employees courageously shared their experiences and made more real what the numerical data showed—that African Americans and other people of color experienced repeated instances of discrimination, unfair treatment, retaliation, and no redress for grievances across government departments and agencies. Approximately 400 people in total attended the hearings. Many state workers who provided their testimonials were accompanied by friends and family members lending support. The Committee contracted court recorders and videographers to document the hearings. A hotline number was created to receive phone calls from state workers reluctant to attend the hearings for fear of reprisal and for those who were unable to attend the sessions. Approximately 50 additional telephone calls alleging discrimination in the workplace were logged through the hotline and 37 emails alleging discrimination in the workplace were received, some anonymous, from state workers seeking assistance. Private interviews were scheduled with state workers, prior to the July hearing schedule and after the September hearings. It is important to note that a significant increase in calls to the Office of Management and Budget (OMB) Employee Relations hotline followed the public announcement of the hearings schedule and the Governor’s email. Calls continued during the hearings process, demonstrating a widespread interest in bringing the issue of racism and discrimination to light. pg 1 Our Findings... Testimonials were shared from state workers representing the following agencies: Call Volume Regarding Hearings Employees Relations Hotline % Increase in Call Volume from 7/27/25 to 8/12/15 TOTAL EmpRel + IMAC Calls • Department of Natural Resources and Environmental Control (DNREC) 145% • Division of Corporations 87% IMAC Calls ONLY • Division of Motor Vehicles • Division of Research 40% IMAC Union Calls • Division of Agriculture 0% 20% 40% 60% 80% 100% 120% 140% 160% Total After IMAC = 145%, 87% of which are IMAC related Increased calls received from state workers regarding the date, time and location of hearings Public and private testimonials were shared by current and former state employees. In the interest of time, participants were asked to state only the facts of their case. Many participants were nervous, afraid and anxious to share their story. The hearings were often very moving as countless state employees recounted their experiences in the workplace and the emotional scars they still carry. Hearing Officers were instructed to listen and ask follow up questions for clarification only. All participants in the public and private hearing process were asked to sign an informed consent document. At the beginning of each hearing disclaimers were read informing state employees of the purpose of the hearings and advising them to consult their attorney prior to speaking if they were currently represented by legal counsel. • Department of Corrections • Department of Labor • Department of Education • Department of Health & Social Services • Department of Transportation • Delaware Courts – Family Court • Department of Services for Children, Youth & Their Families • Delaware State Trooper Association • Delaware State Housing “The hearings were often very moving as countless state employees recounted their experiences in the workplace and the emotional scars they still carry.” __-Reverend Lester Justice, IMAC Social Action & Justice Chair pg 2 State workers were asked to indicate the type of complaint they were filing by choosing one of the following categories 1) recruitment, hiring, promotion 2) racial discrimination 3) hostile work environment 4) disciplinary action and 5) retaliation. In some instances, multiple categories were selected. State of Delaware Employee Complaints 17% 16% 18% 26% Recruitment, Hiring, Promotion 24% Racial Discrimination 18% Hostile Work Environment 26% Disciplinary Action 16% Retaliation 17% 24% “ The reality is that any systemic perception of a problem by a substantial number of employees is as detrimental as any problem that may or may not exist. We must address repeated injustices in the workplace or we will create potentially hostile work environments that hobble staff morale and cripple the state’s ability to deliver services to Delaware’s citizenry.” – Councilman Jea Street, State of Delaware Public Hearing Officer pg 3 Sa mp lin g of Ra cia l Dis cr imi na tio n Com p laint s by S tate Dep ar tme nt or D iv is ion s Agency Issue DNREC Recruitment, Hiring, Promotion Complaints/Reports Racial Discrimination Hostile Work Environment Disciplinary Action Retaliation 100 100 50 50 50 DMV Hostile Work Environment Disciplinary Action 100 50 Div of Corp Hostile Work Environment Retaliation 100 100 Div of Research Recruitment, Hiring, Promotion 100 Div of Agriculture Recruitment, Hiring, Promotion 100 DOC Recruitment, Hiring, Promotion Complaints/Reports Racial Discrimination Hostile Work Environment Disciplinary Action Retaliation 61.5 13 53.8 23 53.8 DOL Recruitment, Hiring, Promotion Complaints/Reports Racial Discrimination Hostile Work Environment Disciplinary Action Retaliation 80 60 20 40 20 DOE Recruitment, Hiring, Promotion Complaints/Reports Racial Discrimination Hostile Work Environment Disciplinary Action Retaliation 44 22 33 11 33 DHSS Recruitment, Hiring, Promotion Complaints/Reports Racial Discrimination Hostile Work Environment Disciplinary Action Retaliation 46 49 65.8 37 34 DOT Recruitment, Hiring, Promotion Complaints/Reports Racial Discrimination Hostile Work Environment Disciplinary Action Retaliation 54.5 27 18 36 18 DE COURTS/ FAMILY COURTS Recruitment, Hiring, Promotion Complaints/Reports Racial Discrimination Hostile Work Environment Disciplinary Action Retaliation 12.5 12.5 75 37.5 37.5 KEY DNREC [Department of Natural Resources and Environmental Control] DMV [Department of Motor Vehicles] DOC [Department of Corrections] DOL [Department of Labor] DOE [Department of Education] DHSS [Department of Health and Social Services] DOT [Department of Transportation] Percentage pg 4 State Employee Complaints: Title VII of the Civil Rights Act of 1964 Scores of individuals testified that they have no confidence in the state’s grievance process, the Office of Management & Budget’s (OMB) Human Resource Division, the unions or the Equal Employment Opportunity Commission (EEOC). Individuals expressed most employees are reluctant to pursue the grievance process or file charges with the EEOC because they fear loss of their jobs and have witnessed severe acts of retaliation inflicted on employees who have pursued grievances and EEOC complaints against the state of Delaware. As the chart below indicates, out of 190 discrimination charges filed by state workers against state agencies with the DDOL in Delaware from 2012 through 2015, only one (0.05%) was found to have cause. Delaware Department of Labor (DDOL) (Reported as of July 2015) Federal Fiscal Year Executive Branch Agencies Charges of Discrimination (*Not including DDOL or anyone who filed at EEOC) Cause findings for Executive Branch Agencies 2012 58 0 2013 45 0 2014 49 1 2015 (Year To Date) 38 TBD 190 1 Total “I can’t imagine what’s happening there [DOL Anti-Discrimination Office] that they would have such a small number,” Peterson said. “That one case must have been so egregious that it jumped off the page and hit them in the head.” – Sen. Karen Peterson, D-Stanton , former Administrator, DOL Office of Anti-Discrimination (The News Journal, 10/24/15) Voices of State Workers A sample of the employees’ narratives. To protect the employees’ who participated in the hearings, employees’ names, titles and any other information that would reveal the identity of participants is not disclosed. …I was told that I couldn’t do my job (I had approx. 11.5 years’ experience in another state doing this exact job). I was harassed on an almost weekly basis where I was told that I wasn’t producing enough and if I didn’t make that number I wouldn’t be promoted. ….I asked what number I would need to get and she (supervisor) couldn’t tell me. …Everyone saw how I was being treated but nothing was done. It’s funny how they hated me being there, yet they surely liked to use my Spanish-speaking abilities. However, I wasn’t the only one being abused. Any non-Caucasian per- son is harassed, bullied and discriminated against at that agency. Its systemic racism or institutional racism at its worst. Do you know why many people don’t file complaints at that agency? It’s because the agency deputy director is friends w the Secretary of Labor, HR Director and VR director. … Anyone who wants any kind of employment or upward mobility with the state of DE had better not make a complaint or they are liable to go nowhere in their careers…the deputy director told me that he would fix things. I had spoke to him 3 times before about what has hap- pg 5 pening and yet the only time he did anything was when I was going to file a grievance. …By the time I left the state of DE, I was on 3 anti-anxiety medications just to help me at work, which can be proven by my dr visits. I dreaded going to work. I was having panic attacks on an almost daily basis. …Working for the state of DE has been the worse experience in my life. ... I have 25 years of experience working for the state…DOL employees were pressured to hire white employees for contract positions. I was a supervisor for years and I applied for another position that would have been a promotion. I qualified for the position and received my Cert letter. The position stayed open for 4 months. Two other African Americans applied for the position and also made the Cert list. The white female applied for the position and she didn’t pre-qualify so the job posting was pulled. The management started to train the white female and several months later the job was posted again. Four African Americans applied the next time it was posted. I applied again and made the Cert list however I was not called for an interview. I am not sure if the other African Americans were called for an interview but the white female was given the position. I filed complaints with my manager but no action was taken and I didn’t file with the EEOC because it was a waste of time. A job opening was posted in DOL and it was only posted internally. There was an African American female who had more experience and should have gotten the job however it appeared as though the job was written for the white female, who was also an elected official. There is preferential treatment given to politicians. No one bothered to apply for the position because they knew it was written for her. …Racial jokes are made in the lunch room in the presence of blacks and whites. I remove myself from the group. White workers have confederate signs and emblems on their vehicles. One morning when I arrived at work a white male co-worker approached me and threw an Aunt Jemima cookbook called “You’ve had worst things in your mouth”. I asked him why did he do that. He laughed and said it was a joke. The incident was very upsetting to me and I reported it to HR and the EEO. They met with me and asked me what happened. I told them and they apologized for him. Then they asked me “what do you want us to do?” I told them he needed to be fired and they said they couldn’t do that because he was about to retire and had close to 40 years of service”. He was suspended for a week or so. Afterwards they held diversity training classes. I suffered from depression for months and sought spiritual counseling as well. It was difficult to return to work and see him every day but I did eventually forgive him. There were incidents where banana peels were thrown on the ground near the entrance where one of the black supervisors enters and a rat trap placed on his desk. It was reported to the HR/EEO manager but nothing really happened. …When President Obama won his second term one of my co-workers (white male) was speaking to another employee (white male) about the election. I heard him say “you know that monkey made it back in there”. This type of stuff happens in the workplace all the time. One of individuals who was talking bad about the president was our local union representative. …I filed an EEOC claim and union grievance against the Director. It was part of a class action grievance against the Director in E&T with four additional employees — the union filed the grievance on our behalf. The other employees didn’t pursue the grievance, people started backing off. We were overlooked for promotions that were given to white women, witnessed racial slurs and jokes in department and staff meetings. The Director said in a staff meeting at Buena Vista that he wanted us to hire people who look like him (white male). I applied for a position and met the qualifications. I was on the certification list to be interviewed. The Director called me and told me not to bother applying for the employment and training chief position because he was going to give the job to the white female who worked in the department. pg 6 Testimonials along with reported data highlight disturbing retaliatory and discriminatory actions within state government. For example, the 2015 GCEEO AA/EEO Plan Review from Department of Services for Children, Youth and Their Families (DSCYF) reveals a significant problem exists in the area of meting out discipline, which implies that a serious issue with discrimination or insidious racism may exist. The information has revealed there are a number of deeper questions we need to ask. Data from the state’s Affirmative Action Reports shows that instead of increasing the number of people of color in managerial positions in accordance with the Affirmative Action Executive Order #8 issued in 2009, we are seeing a drop. Parity is spotty. Repeated, consistent reports from African Americans and other people of color in State employment, reveal that the current system of handling complaints regarding hiring and promotional practices, racism and discrimination is rife with problems and retaliatory actions that result in no way for employees to seek redress. DSCYF Discipline Trends 2011 2012 2013 2014 %Inc 69 93 137 174 152% % Female 41% 34% 23% 22% -19% % Minority 19% 25% 28% 32% 13% % Minority Male 54% 60% 69% 68% 15% Total Discipline Minority males were 56% of the department employees in 2014 and 68% of the discipline incidents. Minorities made up 46% of the total employees and 86% of the discipline incidents. A disproportionate amount of discipline for minority males was reported. A 47% increase in disciplines over FY12. Total Minority Discipline = 150 (86%) Total Female Discipline = 39 (22%) Total Discipline = 174 The Executive Branch Although, the Office of Management Budget (OMB) is the central management division for equal opportunity, affirmative action and diversity matters for state agencies, the human resource function is decentralized and managed at the department level. The OMB Human Resource Management Division provides training and education support to state agencies; is responsible for maintaining management practices that assure workplace fairness and stability; is responsible for maintaining effective confidential communications with agencies and Merit employees statewide; manages all recruitment related processes for the State of Delaware; and is responsible for policies, procedures and guidance regarding classification, position management and competitive compensation. The OMB provides a hotline for state workers to report problems and the Human Resource Division will investigate employee claims when a complaint is filed with their office. State workers consistently reported they have no confidence or trust in the Governor’s office or OMB. Remedies Sought to Address Racial Discrimination in Delaware State Agencies Contrary to the statements expressed by the Office of Management and Budget (OMB) and the Office of Anti-Discrimination at DOL in the October 2015 News Journal article, State Workers Have Hard Time Proving Discrimination, most discrimination complaints are not resolved within an agency and the firing of an offending supervisor or a financial settlement is not the remedy the majority of state workers were seeking. Current and former state employees stated their desire to eradicate racism, equality in the workplace and opportunities for advancement. State workers shared concerns for clients impacted by administrative policies and management they felt pg 7 were unfair and discriminatory. The majority of state employees expressed a strong desire to improve the quality of the services and the work environment. Only a fraction of the participants stated they wanted to be compensated for the economic losses they suffered as a result of racial discrimination. Historical Timeline: Delaware At A Glance Reports highlighting the lack of diversity and inclusion and disparities in state agencies are readily available. Numerous studies and assessments have been conducted and data collected to show the disparities and areas needing improvement. • 1994 .... The News Journal publishes a Special 4 day Report titled ”Unequal Opportunity”. The series of articles point out the actual numbers in state government — that women and minorities dominate the lower-paying jobs, while high-paying positions are dominated by whites and men. • 1999 .... Findings and Recommendations to the Complaint filed by the Coalition for Equal Justice in Public Education is presented by the State of Delaware Human Relations Commission. The review was completed as a result of a racial discrimination complaint filed by the Coalition in 1996. • 2001 .... The State Personnel Director was directed to undertake an investigation into the workplace climate at the Delaware State Police as a result of discrimination complaints. The US Department of Justice launched an investigation in 1997 and filed a lawsuit in January 2001. • 2015 .... The Delaware Department of Education’s Teacher and Leader Effectiveness Unit releases ‘The Set’: Racial Diversity in DE’s teacher and school leader workforce. Delaware’s teacher and school leader workforce is much less diverse than its student population. The demographics of Delaware principals are changing. While the diversity in our nation and state is increasing, over the past five (5) years Delaware School Administrators have become less diverse. • 2015 .... Federal Transit Authority (FTA) launches a compliance review in November of the Delaware Transit Corporation (DART), a subsidiary of the Department of Transportation, in response to a petition from a group of African American employees alleging discriminatory hiring, recruitment and promotion; disparate impact in the context of hiring, recruitment and promotion; pay disparity; racial disparity; racial discrimination. • 2015 .... Criminal Justice Reform, Chief Justice Leo Strine calls for criminal justice reform, empaneling a group to study racial disparities in Delaware's justice system. The Impact of Unequal Treatment The majority of state employees, former and current, stated they experienced health and/or a financial crisis as a result of pursuing a racial discrimination grievance or complaint against the state of Delaware. The majority of state workers reported they now suffer from chronic health conditions such as high blood pressure, rheumatoid arthritis, anxiety and depression, heart disease, etc., as a result of the workplace stress and hostile work environments. State workers have experienced extreme financial hardships resulting from loss of income (due to medical leave, disability or termination). The financial implications included loss of homes, automobiles, children required to withdraw from school and individuals filing bankruptcy. State workers stated HR personnel showed little regard for the mental health and wellness of employees who filed discrimination complaints. Workers testified HR personnel and management delayed processing of paperwork or documents for benefits such as disability, unemployment, etc., as a form of retaliation. In some extreme cases, state workers who had 10, 15 or 20+ years of service were targeted by the administration and terminated. pg 8 There is an economic cost associated with racism and discriminatory practices in state government — the loss of human capital — workers on medical leave suffering from anxiety, depression due to hostile work environments or excessive absenteeism due to work-related stress; reduced productivity due to underutilized and overlooked talent — all are contributing factors to the state of Delaware's bottom line. The culture of racism and discrimination in the workplace influences state agency policies and impacts service delivery to the citizenry of Delaware. When state employees are negatively impacted the effects translate into service delivery deficiencies. The employee experience creates the client experience. We all pay the price! Taking Action — The 2016 Agenda As was recently reported in the October 25th edition of the News Journal, it is extremely challenging to prove that there is a consistent issue regarding discrimination in State workplaces; however, an increasing crop of evidence and data strongly suggest that widespread racism exists in State government workplaces, and because the grievance system is riddled with inequities and inconsistencies, we must all understand that we are dealing with a structural problem. As the research has made clear, our collective focus cannot be limited to a lack of diversity in the workplace. The lack of diversity is a byproduct of racism. While this reality can be somewhat assuaged by including diversity and inclusion, respect and harassment or cultural competency classes, training and education alone will not dismantle structural racism. It is incumbent upon every stakeholder to make sure incidents are not isolated or compartmentalized across institutions statewide. There must be a commitment to change – in deeds not just words. Resources are required — both human and financial. To better determine and more quickly begin to address the full nature of this problem, our short and long-term objectives are to: • Request the U.S. Department of Justice Employment Litigation Section of the Civil Rights Division launch an investigation into employment patterns and practices in state government. • Prompt remedial action for state employees filing retaliation complaints. Develop a penalty mechanism and enforcement authority that will punish perpetrators of racist and discriminatory acts, as well as departments that condone them. Review of the Whistleblower Act and protections. • Appropriation of resources from the General Assembly and the Executive Branch for a comprehensive Human Resource Management assessment of the Office of Management & Budget and HR department personnel by an independent firm to provide recommendations for transformative institutional change. Potential enterprises that have experience and expertise in the areas of diversity and inclusion, and race relations are being researched and information compiled. The Committee should be an active participant in the selection and implementation process. • Creation of a Task Force by January 2016 to continue the work of implementing the outlined recommendations and developing strategic workforce initiatives to eradicate racism in state agencies (Task Force should include state employee representation from each executive branch agency; each EEO-4 category, current and former employees) Promulgate an Executive Order to establish the Task Force and provide the resources (human and financial) to support its work. • Creation of a uniform anti-discrimination complaint process. Currently each department has its own procedure. The lack of consistency we believe contributes to the larger problem: built-in inequities and too much leeway for discrimination to hinder fair treatment. African Americans and other people of color need to be engaged in this review, and implementation process. • Review and revise Delaware Title 19 Labor/ Employment Practices statute — Discrimination in Employment. Creation of laws, regulations and policies with statutory timeframes to enforce the anti-discrimination state policy with oversight from an independent agency. pg 9 • A legislative agenda for 2016 which includes the establishment of a Civil Rights Commission. The Commission would be an independent agency that serves individuals, businesses, and communities throughout the State. The Commission would have the ability to investigate complaints of discrimination in employment, housing, public accommodations and state contracts from members of protected classes that are covered under those laws. The Commission should be funded with state of Delaware appropriations and have dual reporting responsibilities to the General Assembly and the U.S. Attorney General's Office. There must be a commitment to change — in deeds not just words. More importantly, we must have a commitment from state leadership to not only adhere to the letter of the law but truly realize the spirit of the law and transform state government into a place of equity and inclusiveness. Faith, civic and community leaders in addition to community members must work collectively to ensure the state of Delaware lives up to the reality of its declaration — racism and discrimination is a violation of the law and must not be tolerated. We believe, together, we can transform our state into a place that doesn’t just talk about social and economic justice, but delivers on its promises. pg 10 Specifically, we thank: Every individual who appeared at the hearings and shared their personal stories so candidly. Our heartfelt appreciation goes to the hundreds of employees who testified during these proceedings, and submitted documentation. Many of them felt they would suffer for speaking out — but did so anyway. Hearing Officers were: Claire Carey, human resources executive (retired); Suzanne Perry, human resources consultant; Rev. Paula Maiorano, Unitarian Universalists of Southern Delaware; Rev. Dr. Richard Speck, First Unitarian Church of Wilmington; Councilman Jea Street, New Castle; State Representative J.J. Johnson, Wilmington; Rev. Alyce Husser, healthcare professional (retired) Shiloh Baptist Church, Wilmington; Rev. Lester Justice, Simpson United Methodist Church, Newport; Rev. Jermaine Scott, Divine Empowerment Christian Church, Smyrna; Rev. Michael Rogers, Central Baptist, Dover; Estelda Parker-Selby, Millsboro County Council, Sussex County; Jane Hovington, NAACP, Sussex County; Rev. Phil Hill, Cheswold Baptist Church; Wayne Taskins, educator (retired), Sussex County; Rev. Maxine Johnson, St. Paul AME, Harrington. Serving as moderators at the public hearings were: Rev. Vincent Oliver, Calvary Baptist Church, Wilmington; Lamar Gunn, NAACP Central Branch;Rev. Lester Justice, IMAC Social Action & Justice Chair; and Rev. Michael Rogers, IMA President, Rev. Lawrence Livingston, IMAC Executive Committee The churches who opened their doors to us: Ezion Fair Baptist Church, Simpson United Methodist Church, Dale’s United Methodist Church, Divine Empowerment Christian Church, Whatcoat United Methodist Church, St. Paul’s AME Church, Friendship Baptist Church, Immanuel House of Praise, and Mt. Pisgah AME Church. Principal Investigator & Author: Contributors: Alicia Clark, Social Solutions LLC Dariel Janerette, J.D., LL.M., Ph.D. Dena Ellis, MPA Sima Robbins Advisors: Bradford M. Berry, General Counsel, NAACP National Yasser A. Payne, Ph.D., Associate Professor, Department of Black American Studies, University of Delaware Former State Senator, Larry Young Chairman, Racism in State Government Committee Maryland Black Caucus, 1994 IMAC Office, 100 W. 10th Street, Suite 106, Wilmington, DE 19801 Phone: 302-777-1190 Email address: [email protected] Visit www.defaithinaction.org for more information on the state workers movement To support DEFaithinaction donations should be sent to: DEFaithInAction c/o Delaware Community Foundation, 100 W. 10th Street, Suite 115, Wilmington, Delaware 19899 pg 11
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