Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘federal workers’

Shutdown forces federal workers to consider career changes just to make ends meet

Wednesday, January 16th, 2019

Federal workers and contractors are growing increasingly weary with the partial government shutdown as they begin to feel the financial squeeze, leading many to reconsider government work.

Last Friday, many federal workers missed their first paychecks since the shutdown began on December 22 over demands from President Donald Trump that Congress fund a $5 billion wall along the U.S.-Mexico border. On Saturday, the shutdown became the longest in U.S. history, currently stretching into its fourth week, at 26 days.

ThinkProgress spoke with federal workers and contractors who are making tough choices about whether or not to look for other jobs, or stay in the federal government even if they are able to get back to work soon. The employees quoted in this story asked not to be identified by their actual names out of fear of retaliation.

“It has just been a nightmare”

Drew, a federal worker within the Department of Agriculture, said the shutdown is particularly difficult for them as they’re in their 20s and in the beginning of their career. When asked what they’re doing to stay afloat financially, Drew said they’re not going anywhere or doing anything that requires spending money. They have cancelled any unnecessary regular spending.

“I covered bills for this month but it’s a question of next month of whether I will be able to make it because I do unfortunately live paycheck-to-paycheck and my savings are rather limited,” Drew said. “It’s been terrible for my economic situation. It’s been terrible for my personal life. It has just been a nightmare.” 

A 2017 CareerBuilder report that polled 2,000 managers and more than 3,000 full-time employees found that 78 percent of full-time workers said they lived paycheck to paycheck. Drew added that it’s particularly tough that they can’t help cover expenses for their group house, which affects everyone else they live with.

Anne, a contractor who works with the Bureau of Lands Management, has started filing for unemployment. Contractors did not receive backpay during the 2013 shutdown and it isn’t expected that they will receive backpay after this one, unlike federal workers. Even the process of filing for unemployment reminded her that she isn’t considered as affected by the shutdown as federal workers. One of the questions she had to answer was whether she was a federal employee affected by the shutdown, but since she’s a contractor she was told to answer that she had been laid off due to lack of work.

“We have to be careful and not spend money, or make trips, or eat out, or go to movies as much, but I have some coworkers who are a lot more worried. They have kids, and in some cases supporting their entire family,” she said. “We have some savings, enough to cover me for probably a month, but if not, I’ll join up with some of my other coworkers and start looking for another job, which sucks but I am not there yet.”

Drew and Lee, a federal worker at the Department of Housing and Urban Development, said that they believe the shutdown may result in a wave of federal workers leaving their government jobs.

“I think most workers on the federal level think if we stick around long enough [President Trump] will be out of office and this whole thing will blow over and I am seriously reconsidering that approach,” Drew said. “I think everyone I know has been trying to stay there to be a force of good or consistency in whatever agency they’re working for and a month-long period to reconsider what you’re doing with your life and your place in the federal government is more than enough to make some people feel like they want to seriously change their mind.”

Drew said they think a lot of people who have worked for the government for a decade or longer will either leave through early retirement or by changing jobs. They added that a lot of people have already started looking for new jobs, which means the government could lose considerable talent and consistency in agencies.

Lee said the administration has been “hostile” to government workers since it began.

“There’s already a Baby Boomer brain drain and retirements in federal government due to Clinton and Bush administration hiring freezes,” Lee said. “This will just expedite that.”

Workers blame Trump and Republicans

Most of the federal workers and contractors who spoke with ThinkProgress said they put at least some of the blame on Trump, as well as Republican members of Congress. A majority of Americans share their views. According to a CNN poll conducted by SSRS, a market and survey research firm, 55 percent of people surveyed said Trump is more to blame for the shutdown than Congressional Democrats. President Trump’s approval rating has also dipped five points since last month.

“I’d put the blame 90 percent on Trump because his leadership is not good,” Anne said. “He’s not playing the game well. He’s drawing a line in the sand and he is not willing to cross it. He’s not even negotiating at this point. That’s what politics is about it’s about negotiation and he’s not doing that. He’s failing.”

Lee, a federal worker at the Department of Housing and Urban Development, is worried that the media coverage has been centered only on House Democrats and the president.

“There’s an entire other legislative body. People should be pressuring [Senate Majority Leader Mitch McConnell (R-KY)] to at least let the Senate vote up or down,” he said.

Drew said the blame should be shared by President Trump and Republicans in Congress. 

“This could have been avoided by the Congress that was leaving and they could have negotiated something earlier on when they had a full Republican house and Senate. Something could have gone through,” they said. “I assign blame for wall funding and wall funding was a tactic used by Trump to explain a very complicated issue. It has blown itself up into this one issue he has overwhelming support on and he is trying to stay behind it and it’s just not working.”

Most of the workers and contractors who spoke to ThinkProgress said they felt their communities were aware of how the shutdown affected workers, but when Anne visited family in New York for the holidays, she said they didn’t seem aware that she wouldn’t get paid.

“They were like, ‘oh yeah you’re going to get paid right?’ So I had to explain that a lot. Like, ‘no I’m not getting backpay,’” she said.

Her grandfather, who is conservative, appeared to feel differently about the shutdown once he knew how it would affect her, she said.

“He was like, ‘Oh who cares, shut it down.’ But when I explained to him how I was affected, he got kind of quiet and didn’t say anything. By the time we had to say goodbye, he said, ‘I hope you get back to work soon.’ So I think the awareness is not great, but it’s definitely growing.”

Lee said a conservative family member “changed his mind about the Republican Party” after the 2013 shutdown.

Workers say they are also exasperated that they are unable to continue projects that would benefit Americans, particularly marginalized groups. Anne noted that the Bureau of Land Management has recreational land that they are unable to keep safe and clean. Migration corridors, which maintain wildlife populations, for instance, are going to be delayed. Drew said that the USDA is unable to follow up with organizations on grant work, while Lee expressed concern about how people served by HUD will be affected by the shutdown.

“I have fielded a call from resident in HUD’s housing choice voucher program that needed a reasonable accommodation due to her disability,” Lee said. “Her housing authority wasn’t accepting her medical documentation and I needed colleagues in the field to help her file her fair housing complaint and potentially reach out to the housing authority to resolve the issue informally.”

He added, “She’s probably homeless right now.”

This article was originally published at ThinkProgress on January 16, 2019. Reprinted with permission. 

About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

Transgender guidance disappears from Office of Personnel Management website

Friday, November 23rd, 2018

Under President Obama, the Office of Personnel Management (OPM), which oversees all federal employees, issued detailed guidance protecting transgender people in the workforce. As of Friday, that guidance has disappeared and been replaced by generic language with no content specific to transgender people.

The previous “Gender Identity Guidance” page, which was still live as of earlier this week, laid out definitions for terms related to transgender identities, and outlined specific expectations for respecting transgender employees. These included ensuring that trans workers could dress according to their gender identity, that they were called by their preferred names and pronouns, and that they were allowed to use restrooms and locker rooms consistent with their gender identity.

“Transitioning employees should not be required to have undergone or to provide proof of any particular medical procedure (including gender reassignment surgery) in order to have access to facilities designated for use by a particular gender,” the guidance stated. “Under no circumstances may an agency require an employee to use facilities that are unsanitary, potentially unsafe for the employee, located at an unreasonable distance from the employee’s work station, or that are inconsistent with the employee’s gender identity.”

On the new site, that language and any reference to transgender people is now gone, although the page does still state that discrimination on the basis of gender identity is prohibited — consistent with an executive order President Obama issued that is still in effect.

Gone, however, are the detailed definitions for the terms “gender identity,” “transgender,” “gender non-conforming,” and “transition.” Specific references to confidentiality related to transitioning have been replaced with generic language about medical privacy. The page’s dress code language no longer provides reassurances that employees will be allowed to dress consistent with their gender identity.

Before:

After:

Two vital sections have been erased without a trace: both the section on respecting employees’ names and pronouns and the section addressing access to “sanitary and related facilities.” There is no longer any guidance whatsoever to ensure that trans people are respected according to their gender identity in the federal government. Should a manager have questions about how to respond when an employee comes out as transgender, they will find no answers on OPM’s page.

The changes to the page came without any announcement or notice.

From the beginning of the Trump administration, federal agencies have increasingly erased content related to LGBTQ people or gender more broadly. The day after President Trump’s inauguration, the White House website discarded its page dedicated to LGBTQ rights and the Labor Department also removed a report on LGBTQ workers’ rights.

A few months later, questions that would help identify LGBTQ people in data collection were erased from two important national surveys. This past July, the Department of Health and Human Services removed language on sex discrimination from its website, and in October, it scrapped “gender” from its civil rights page. Recent reports have even suggested that the administration is trying to remove references to “gender” in United Nations documents.

While these unannounced website changes have been somewhat inconspicuous, the administration’s opposition to trans rights has been anything but subtle. A memo leaked in October laid out the administration’s plans to completely erase trans people from any recognition under any agency of the federal government. People would be defined solely by the sex they were assigned at birth, subject to genetic testing.

This article was originally published at ThinkProgress on November 23, 2018. Reprinted with permission.

About the Author: Zack Ford is the LGBTQ Editor at ThinkProgress.org, where he has covered issues related to marriage equality, transgender rights, education, and “religious freedom,” in additional to daily political news. In 2014, The Advocate named Zack one of its “40 under 40” in LGBT media, describing him as “one of the most influential journalists online.”

Federal Judge Rules Trump’s Anti-Worker Executive Orders Unconstitutional

Tuesday, August 28th, 2018

When Donald Trump issued a series of executive orders attacking the rights of federal government workers, he wasn’t prepared for the response from working people. Our response, led by AFGE, included filing lawsuits to stop the orders and rallying across the country in support of federal workers. Now a federal judge has agreed with working people that these executive orders are illegal.

Judge Ketanji Brown Jackson ruled that key provisions of the three executive orders are either unconstitutional under the First Amendment, violate congressional intent or exceed the president’s authority.

AFGE National President J. David Cox Sr. lauded the ruling:

President Trump’s illegal action was a direct assault on the legal rights and protections that Congress specifically guaranteed to the public-sector employees across this country who keep our federal government running every single day.

We are heartened by the judge’s ruling and by the huge outpouring of support shown to federal workers by lawmakers from both parties, fellow union workers and compassionate citizens across the country. Our members go to work every single day to serve the American people, and they deserve all the rights and protections afforded to them by our Founding Fathers.

Now that the judge has issued her decision, I urge all agencies that have attempted to enforce this illegal executive order to restore all previously negotiated contracts and to bargain in good faith with employee representatives on any future changes as required under the law.

Regardless of what attacks on working people corporate interests and their allies dream up next, the labor movement will continue to stand up against any attempts to weaken our rights.

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars

This blog was originally published at AFL-CIO on August 27, 2018. Reprinted with permission. 

Can federal workers blatantly discriminate against LGBTQ people? Jeff Sessions isn’t sure.

Wednesday, October 18th, 2017

During Wednesday’s Justice Department Oversight Hearing, Sen. Dick Durbin (D-IL) asked Attorney General Jeff Sessions about the Department of Justice’s new “religious freedom” guidance. In particular, Durbin was concerned about how the guidance might enable anti-LGBTQ discrimination, asking Sessions to respond to several hypotheticals.

“Could a social security administration employee refuse to accept or process spousal or survivor benefits paperwork for a surviving same-sex spouse?” Durbin asked.

There was a long pause. “That’s something I never thought would arise, but I would have to give you a written answer to that, if you don’t mind.” Sessions responded.

Durbin countered, “I’d like to have that,” then launched right into another hypothetical. “Could a federal contractor refuse to provide services to LGBTQ people, including in emergencies, without risk of losing federal contracts?”

“Likewise, but I would say to you — are you citing Title VII for this? Or the guidance? I’m not sure that’s covered by it, but I’ll look.”

It is highly unbelievable that Sessions had never considered these examples prior to Wednesday. More than two years ago, when he was still in the Senate, Sessions was one of the original co-sponsors of the First Amendment Defense Act (FADA), a bill that would grant those who have religious objections to same-sex marriage a license to discriminate. Many of the provisions in the new guidance mirror FADA’s language.

 In response to that bill’s introduction, the ACLU and LGBTQ advocacy groups pushed back, saying that it would be used to prop up discrimination. The ACLU, in particular, outlined FADA’s “parade of horribles” in a 2015 blog post, including the following two:
  • [It would] permit government employees to discriminate against married same-sex couples and their families – federal employees could refuse to process tax returns, visa applications, or Social Security checks for all married same-sex couples.
  • [It would] allow federal contractors or grantees, including those that provide important social services like homeless shelters or drug treatment programs, to turn away LGBT people or anyone who has an intimate relationship outside of a marriage.

Those are nearly identical to the hypotheticals Durbin asked Sessions to respond to on Wednesday. Still, years after they’d been highlighted by advocacy groups, Sessions claimed they had somehow never occurred to him before.

After Sessions’ dodged Durbin’s hypotheticals, the senator asked the attorney general to comment about the fact that “people are discriminating in the name of their own personal religious liberty.”

Sessions responded:

Yes, I would say that wherever possible, a person should be allowed to freely exercise their religion and not to carry out activities that further something they think is contrary to their faith. But at the same time, if you participate in commercial exchanges, you have limits on what you can do under those laws — public accommodation type laws. And so the balance needs to be properly struck — and I think we have. Those issues were discussed as we wrestled with this policy.

It’s unclear with whom Sessions discussed those issues. The Department of Justice apparently held “listening sessions”, but has refused to name which groups it consulted. The reason the public even knows these consultations took place at all is because the Alliance Defending Freedom — an anti-LGBTQ hate group that defends business owners who discriminate and challenges nondiscrimination protections in the name of “religious freedom” — bragged that it had participated in them.

Given Sessions said in an interview last week that he believes such discrimination should be allowed in the case of the anti-gay baker whose case is headed to the Supreme Court, it’s not hard to imagine how he might respond to Durbin’s hypotheticals, if pressed.

This article was originally published at ThinkProgress on October 18, 2017. Reprinted with permission. 

About the Author: Zack Ford is the LGBTQ Editor at ThinkProgress.org, where he has covered issues related to marriage equality, transgender rights, education, and “religious freedom,” in additional to daily political news. In 2014, The Advocate named Zack one of its “40 under 40” in LGBT media, describing him as “one of the most influential journalists online.” He has a passion for education, having received a Bachelor’s in Music Education at Ithaca College and a Master’s in Higher Education at Iowa State University, and he relishes opportunities to return to classroom settings to discuss social justice issues with students. He can be reached at zford@thinkprogress.org.

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