CIVIL RIGHTS

On Deck

A monthly publication by the U.S. Coast Guard Civil Rights Directorate (CRD) 2703 Martin Luther King Jr. Ave. S.E. Washington, DC 20593-7000 (202) 372-4500 Fax (202) 372-8303

www.uscg.mil/Resources/Civil-Rights/

Dr. Terri Dickerson,

Director CAPT Kofi Aboagye, Executive Assistant Ms. Francine Blyther, Assistant Director and Chief

Civil Rights Operations CAPT Kirby Sniffen, Assistant Director and Chief,

Policy, Planning and Re-sources

Mr. James Ellison, Senior Advisor Ms. Dayra Harbison, Division Chief CDR Kimberly Chesteen, Division Chief Mr. Eduardo Zayas, Division Chief Ms. Deborah Gant, Communications Specialist

Civil Rights Directorate

Nominations for the 2019 NAACP Roy Wilkins Renown Service Award are now open. The deadline is May 3, 2019 (ALCOAST 107/19)

Volume 14, Issue 4 April 2019

Our Nation celebrates Asian American and Pacific Islander (AAPI) Heritage annually in the month of May. This year’s theme is “Unite Our Mission by Engaging Each Other.” It is predicated upon the Federal Asian Pacific American Council’s “Unite” series that encourages leadership engagement in ad-vancing AAPI participation in the workplace.

This month, let’s enthusiastical-ly celebrate Asian Americans and Pacific Islanders who have made and continue to make tremendous contributions in our communities, to the Coast Guard, and our Nation. To ob-tain ideas or information on sponsoring a special observance at your unit, visit: www.deomi.org/.

Rwanda Genocide Survivor: Ms. Immaculée Ilibagiza Tells Her Story Ms. llibagiza, an author, motivational speaker, and an Rwandan genocide survivor was the keynote speaker for the Women’s History Month (WHM) event held at US Coast Guard (CG) Headquarters. She shared the horrific accounts of what she experienced during the Rwanda Civil War that be-gan in 1990 (a conflict between the Rwandan Armed Forces, Hutu, and the rebel Rwandan Patriotic Front, Tutsi). During the Rwandan genocide, Ms. Ilibagiza’s father feared the worst for his daughter; so, he sent her to the house of a friend, a Hutu pastor. He hid Ms. Ilibagiza and eight others for 91 days in a small bathroom. Praying daily, she relied heavily on her faith to overcome the fear of being exposed. The Hutu soldiers were responsible for the murders of thousands of inno-cent Rwandans, including Ms. Ilibagiza’s entire family. After the conflict ended, Ms. Ilibagiza went to work for the United Nations. In 1998, she gained refuge in the United States where she was able to reflect on everything that occurred. She told of how her Catholic faith guided her through the ordeal and eventually aided in her forgiveness of her family’s killers. Ms. Ilibagiza is an author of sev-eral books and a inspirational speaker who tours all over the world. At the conclusion of the program, Ms. Ilibagiza autographed copies of her books for several CG attendees. By Ms. Deborah Gant, CRD, USCG HQ

When You Treat a Contractor Like an Employee: You are a Joint Employer In Chasity C. v. Department of Defense, Department of the Army, EEOC, OFO no. 2019000440, 12/18/18, an Administrative Judge (AJ) ad-dressed joint employer status. In this case, a project manager em-ployed by an independent contract company under an Army con-tract alleged that she was subjected to discrimination based on race (Middle Eastern), national origin (Iranian), and religion (Muslim), when she was terminated. The Department of Defense (DoD) dis-missed the complaint stating that (1) the project manager was an employee of an independent contractor and not DoD (thus, did not have standing to file a complaint with DoD), and (2) untimely EEO counselor contact (you must initiate contact within 45 days of the matter giving rise to the complaint). After a re-view of the record, the AJ found that the agency was a joint employer of the contractor’s employee and, therefore was responsible for processing the project manager’s complaint. Why: Normally the independent contract company would have been responsible. However, when Government agencies supervise, pay, set hours, or treat contract employees the same as government employees, they must also process EEO complaints that they file. The record re-vealed that the DoD established the project manager’s salary, provided leave benefits, as-signed work that was essential to the agency, provided an email address that did not identify the project manager as a contractor, and advised the company to terminate the employee. The AJ also found that the counseling contact was timely because, it was within the 45 days of the effective date of the termination action. For more information on joint employer sta-tus, please contact your local Civil Rights Service Provider (CRSP) at https://www.uscg.mil/Resources/Civil-Rights/Service-Providers/. By Ms. Sheila Harper, CRD, USCG HQ

Pictured: RDML Michael Johnston, the Executive Champion

for WHM with Ms. Immaculée Ilibagiza, Keynote Speaker.

The MCPOCG and CPO Mess present Take Our Daughters and Sons to Work Day, April 25, 2019. Deadline to Register is April 15, 2019.

For Registration Click this link: https://einvitations.afit.edu/inv/anim.cfm?i=442329&k=0665400A795E

Coast Guard Ready: Promoting a Positive Climate for All

Congratulations to CAPT J. Paul Gregg of Patrol Forces Southwest Asia (PATFORSWA) as the recipient of the 2018 US Coast Guard (CG) Civil Rights Senior Leader Award. Annually, the CG recognizes senior leaders who further the civil rights mission. As a longtime proponent of equal opportunity, CAPT Gregg leads by example by promoting a discrimina-tion free work environment that fosters diversity and inclusion through-out his area of responsibility. Namely, he is recognized for: teaming with the unit Command Master Chief to mentor more than a dozen junior chiefs; ongoing support of the command goals; creating a positive work environment; and inspiring afloat opportunities for women at PAT-FORSWA that resulted in an increase of positions for a second mixed gender crew. Pictured (left to right) VADM James Malloy, Commander (USN), U.S. Naval Forces, US Central Command, presents the award to CAPT J. Paul Gregg. For more information about the Civil Rights Senior Leader Award, contact Mr. Juan Torres, at (202) 372-4594 or Juan.l.torress@uscg.mil. By Ms. Deborah Gant, CRD, USCG HQ

Reflection: Honoring a Legacy Throughout the year, it is important to take time to reflect on our nation’s history, recommit to advanc-ing Equal Opportunity (EO) for all, and to celebrate formative leaders and countless others who have contributed immeasur-ably to the tapestry of America. For example, Rev. Dr. Charles Albert Tindley, widely known as the founding father of American Gospel Music. He taught him-self to read and write at age 17. While working as a janitor, he attend-ed night school and earned his divinity de-gree through a corre-spondence course. In 1902, he became pastor of the Calvary Method-ist Episcopal Church in Philadelphia, PA, the same church where earlier in his life, he worked as a janitor. Rev. Dr. Tindley earned a Doctor of Divinity degree at Ben-nett College and Morgan College located in Balti-more, MD. The church he pastored was later named, the Tindley Temple United Methodist Church and was added to the National Register of Historic Places in 2011. Recognized as a noted song-writer and composer of American gospel hymns, he wrote the song I’ll Overcome Some Day, and was credited for the American Civil Rights Anthem, We Shall Overcome, popularized in the 1960’s which continues to signify Equal Opportunity for all. By Mr. Kirby Olson, CRD, Region 2

Keeping the Lines of Communication Open The Civil Rights Directorate frequently releases information to keep the workforce informed as it pertains to policy changes, guidance, special observances, awards, and other types of civil rights functions. The following links will take you to recently pub-lished communications for the workforce: ACN 015-19 Policies Prohibiting Discrimination, Reprisal, Bullying and Hazing; ACN 012/19 Updated Procedure in Suspected Incidents of Harassment, Hate, Hazing and Bullying; 2018 USCG Senior Leader Award Win-ner ALCOAST 022/19; and Women’s History Month ALCOAST 074/19.

Mediation is the Answer: Be Prepared to Participate The Coast Guard (CG) is committed to early and effective resolution of Equal Employment Opportunity/ Equal Opportunity (EEO/EO) com-plaints. Mediation is one form of Alternative Dispute Resolution (ADR). There are several different types, but mediation is the most popular. Through mediation, a third party neutral, the mediator, who has no decision-making authority meets with two opposing parties to reach a solution to a dispute. The CG offers ADR to Complainants 100% of the time and throughout the complaint process. ADR is optional for Com-plainants, but when they choose it, CG commands are always willing to participate in mediation to resolve issues.

Tips for the Aggrieved: 1. Know your rights. 2. Understand ADR is a con-fidential process. 3. Be willing to engage in direct dialogue. 4. Bring notes and documents that can help you accurately answer and clarify questions. 5. Be prepared to engage in good faith problem solving. 6. Be flexible – emotional decisions may sabotage your efforts. 7. Keep an open mind. Think of several solutions beforehand (based on the issues and alleged harm).

Tips for the Resolving Management Official: 1. Ensure you have knowledge of the dispute (i.e., from the first level supervisor), copies of any relevant documents, and appropriate authority. 2. Consult with the Office of Civilian Workforce Relations (CG-124) servicing specialist, and legal if needed. 3. Plan to have someone from human resources or legal on standby. 4. Be prepared to engage in good faith problem solving. 5. Allow the ADR process to reveal opportunities to resolve the dispute. 6. Be prepared to participate in the entire ADR session. 7. Ask clarifying questions. 8. In the event of an agreement, ensure all agreed-upon terms are appropriate, relevant and proportionate given the issues and alleged harm.

For more information, contact your local Civil Rights Service Provider at https://www.uscg.mil/Resources/Civil-Rights/Service-Providers/. By Ms. Renee Brown, CRD, USCG HQ

Pictured: Rev. Dr. Charles Albert Tindley