CASE STUDY ON LEGAL RACISM AGAINST AFRICAN AMERICANS

U.S. MERIT SYSTEMS PROTECTION BOARD

UNDER APPEAL
DECISION EXPECTED IN 2023
docketed on 6-29-22

John Stuart Edwards vs US Merit Systems Protection Board

Docket Report
Court of Appeals for the Federal Circuit

In the summer of 2015, Appellant discussed his discrimination allegations with his U.S. Department of Labor Human Resources representative, Kevin Jackson, for advice on what to do. Based on Jackson’s advice, on September 1, 2015, Appellant met with his supervisor, Aung Htein and complained about systemic racial discrimination against eight African American employees. Two weeks later, on September 15, Appellant was fired, so Jackson advised the Appellant to file complaints with the Labor Inspector General Mr. Scott Dahl and EEO. The Appellant filed complaints with Ms. Vanessa Hall and Betty Lopez in the Equal Employment Opportunity Office. They advised Appellant to file a complaint with Naomi Barry-Perez who runs the and Civil Rights Center. The Appellant followed their instructions.

After seven years, the Merit Systems Protection Board ruled, “While the appellant appears to have been admirably motivated in seeking to remedy perceived discrimination in his agency, we find that he failed to meet his jurisdictional burden, [because] the proper forum for his allegation of retaliation for filing an EEO complaint is with the EEOC.”

If you hate black people and work for the U.S. Department of Labor or National Labor Relations Board, this Merit Systems Protection Board (MSPB) precedent setting case from May 5, 2022, will protect you – pending a decision on the appeal.

READ THE REQUEST FOR REOPENING DATED MAY 16, 2022

“The Board was requested to reopen its final decision.”

The Board said Appellant has no right to make this request and therefore it will be ignored.

All case files are available for download by clicking on the links below, just as they appeared in the Merit Systems Protection Board docket system on May 5, 2022.

“Systemic Racism” is present when the people in an organization at every level turn a blind eye to racism when it is presented to them.

Allegations:  Systemic discrimination against eight African American employees and retaliation for blowing the whistle to the entire U.S. Department of Labor leadership including the Inspector General.

Charge 1: Aung Htein and senior executives engaged in, and condoned racial discrimination to deny opportunities and career advancement for eight African American employees in the Department of Labor, Employment and Training Administration, Office of Information Systems and Technology. The following employees are current active targets of systemic discrimination by senior management officials that have or will directly impact the careers and earnings of these employees:

GS13 – Mr. McDaniel, an African American federal employee is being discriminated against because he is being denied a merit promotion solely due to his race. Mr. McDaniel applied for an advertised GS14 position to perform the work he is already performing at that level – and when Mr. McDaniel was found to be the only eligible qualified candidate and placed on the hiring certificate for the hiring official – Aung Htein placed an indefinite delay on hiring Mr. McDaniel for the position but has allowed the hiring of other vacant positions in the office, despite strong recommendations from the hiring officials including Mr. McDaniel’s supervisor Thomas Flagg (also African American), the reviewing officer, and the Deputy Director. At the time of the complaint, there was no indication whatsoever that Mr. McDaniel will ever have the opportunity to fill the position for which he is qualified. Mr. McDaniel stated that he feared retaliation if he filed an EEO complaint.

GS13 – Mr. Liddell, an African American federal employee is actively being targeted by Aung Htein for removal from federal service despite the fact that Mr. Liddell is performing his work in a highly successful manner. This fact was corroborated by the senior GS15 technologists he supports, and his reviewing officer. Mr. Liddell’s wife has been diagnosed with cancer and is undergoing chemotherapy treatments. Mr. Liddell has requested occasional time off to transport his wife to treatments. Mr. Htein stated that he considers these types of requests to be unsatisfactory and inappropriate. Mr. Liddell’s supervisor, Freddie Sconce, stated in writing that he is acting to remove Mr. Liddell from federal employment based on his race on the orders provided to him by Aung Htein. Sconce stated that he disagreed with Mr. Htein’s decision, but will carry out the orders despite his personal objections. Sconce, who was a GS-14, has applied for a GS-15 promotion and Aung Htein is now the deciding official for that promotion after the revocation of my personnel decision authority by Aung Htein on September 15, 2015.

In addition to the above active targets of discrimination, I uncovered a clear pattern of ongoing systemic discrimination that has been carried out for many years against only African Americans that were contained in my formal complaint and court documents.  The following employees were also discriminated against and in some cases maliciously targeted and abused.

Ms. Marlene Howze
Ms. Florence Davidson
Mr. Thomas Flagg
Mr. Kevin Jackson
Mr. Dwayne Palmer
Mr. Nat Brown

Charge 2: Aung Htein retaliated against John Stuart Edwards on September 15, 2015, when he removed his authority to manage personnel for reporting systemic discrimination to his superiors at the U.S. Department of Labor.

MEDIA REPORTS ABOUT THIS CASE

Petition to the Government for a Redress of Grievances

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