This is part two of last week’s article (Vol. 14 Issue 27) “Federal Investigation of Gender and Race Issues Needed.”
Discrimination in Pay
Women firefighters are routinely not called in to work overtime. They report that the captains in their stations do not call them in to work overtime, even when they should be and are the next people on the list to be called in. As a result, they are denied the opportunity to earn overtime pay and to accumulate related benefits related to the hours of work (i.e., pension funding). It was said that grievances have been filed regarding this well-known practice, but they are routinely denied. Further, non-members of Local 341 are not allowed overtime as Local 341 Union members are. Between Local 341 Union members, African-American members are not offered overtime equal to that of their White male counterparts.
Current City of Houston Investigation is NOT Independent
The City has chosen to hire two law firms with extensive contacts with the City, including the City Attorney, who was partnered with one of the firms for years. The City rejected an investigative firm with more years of experience in the EEO employment arena than either of the law firms chosen by the City. Ironically this same investigative firm routinely investigates for the EEOC when these types of complaints are made and this firm has investigated for a US Supreme Court case which addresses these types of issues. Likewise this investigative firm has patented software which is used by many companies and governmental entities to track allegations of EEO discrimination and allow anonymous reporting of discrimination which protects reportees from retaliation. It was brought to my attention that when this investigative firm shared with the City that it would seek the unvarnished truth and be given a report of the findings and that the City would have no part or oversight into the investigation, shortly thereafter, the two law firms were announced even though that investigative firm gave the City proprietary information and its plan of approach.
When law firms are hired to determine liability it is problematic. You might ask why? The answer is that when the City hires law firms, the client is the City. In other words, the attorney/client privilege goes to the City not to the truth. Law firms protect their clients. They are not paid to expose their client’s weaknesses or liability. As a result, important facts are often disregarded or minimized. If they find something, they are more likely not to issue a written report because that report can then be used as evidence against the City. And if they do issue a report, it will likely have been greatly edited by the City Attorney. A perfect example of this was the Fifth Circuit’s hiring of a law firm to investigate allegations of wrong-doing by federal judge Samuel Kent. The Fifth Circuit-hired law firm minimized Judge Kent’s wrong-doing. And then an impeachment took place and we found out that the law firm’s investigation wasn’t quite accurate. Establishments work to maintain their status quo.
Based on all of the information I have heard so far, it is hard to imagine a workplace where so many have complained of serious incidents of discrimination and yet so few incidents are ever addressed and corrected. An airtight code of silence regarding discrimination appears to prevent internal grievance mechanisms from working.
Finally, I have also been contacted by citizens needed for the emergency services provided by HFD. I have been requested, as their council member, to investigate how they have been mistreated by shifts with no or very few minorities. This concerns me as well because citizens are entitled to not be discriminated against based on their race.
To reiterate, this request for a federal investigation is not an indictment of all firefighters but it is an indictment of those who are racist and sexist and those who facilitate racism and sexism. The US Constitution protects citizens from this behavior in the workplace. That is why I’m thankful that the US Justice Department has responded to my request for liberty and justice for all. End, pt. 2.