Group Wants EPA Civil Rights Chief FIRED!!

by Robin Bravender, POLITICO
A whistleblower group is calling on the EPA to fire its civil rights director in response to allegedly sexist and racist remarks he’s made involving “pink elephants” and Rosa Parks.
The National Whistleblowers Center sent a letter to EPA Administrator Lisa Jackson on Wednesday demanding the immediate dismissal of Rafael DeLeon, director of the agency’s Office of Civil Rights.
The allegations are the latest in a series of controversies involving former EPA employee Marsha Coleman-Adebayo, who was fired from her position as a senior program analyst in 2008. Coleman-Adebayo — a board member of the whistleblower group — has had a contentious relationship with DeLeon for years and vehemently opposed his appointment to the civil rights post late last year.
EPA spokesman Brendan Gilfillan said Thursday that the agency will look into the allegations, and that Jackson is “deeply committed to issues of environmental justice, civil rights and a healthy workplace for all.”
In its letter, the group alleges that DeLeon has recently made sexist and racist comments, referring to two women as “pink elephants” and disparagingly referring to a black former employee as the “Rosa Parks” of the agency. The term “pink elephant” was popularized by Sarah Palin, who used it to refer to a stampede of women outraged about policies in Washington.
Coleman-Adebayo told POLITICO in an interview Thursday that DeLeon’s comments were about her, and that others at the agency had also disparagingly called her “the Rosa Parks of EPA” several times since she won a 2000 civil rights lawsuit accusing the agency of racial and gender discrimination. The defendant in that suit was then-Administrator Carol Browner.
A whistleblower group is calling on the EPA to fire its civil rights director in response to allegedly sexist and racist remarks he’s made involving “pink elephants” and Rosa Parks.
The National Whistleblowers Center sent a letter to EPA Administrator Lisa Jackson on Wednesday demanding the immediate dismissal of Rafael DeLeon, director of the agency’s Office of Civil Rights.
The allegations are the latest in a series of controversies involving former EPA employee Marsha Coleman-Adebayo, who was fired from her position as a senior program analyst in 2008. Coleman-Adebayo — a board member of the whistleblower group — has had a contentious relationship with DeLeon for years and vehemently opposed his appointment to the civil rights post late last year.
EPA spokesman Brendan Gilfillan said Thursday that the agency will look into the allegations, and that Jackson is “deeply committed to issues of environmental justice, civil rights and a healthy workplace for all.”
In its letter, the group alleges that DeLeon has recently made sexist and racist comments, referring to two women as “pink elephants” and disparagingly referring to a black former employee as the “Rosa Parks” of the agency. The term “pink elephant” was popularized by Sarah Palin, who used it to refer to a stampede of women outraged about policies in Washington.
Coleman-Adebayo told POLITICO in an interview Thursday that DeLeon’s comments were about her, and that others at the agency had also disparagingly called her “the Rosa Parks of EPA” several times since she won a 2000 civil rights lawsuit accusing the agency of racial and gender discrimination. The defendant in that suit was then-Administrator Carol Browner.
Whistleblower Returns to Court Against Retaliation & Discrimination at EPA

Washington, DC
David Swanson 4-23-11
WASHINGTON, D.C. Dr. Marsha Coleman-Adebayo returns to court this week before the Merit Systems Protection Board against the federal agency that has been her nemesis for over a decade—the Environmental Protection Agency. Dr. Coleman-Adebayo contends that her firing during the Obama transition period was just the latest chapter in the ongoing struggle she has waged against the agency’s discrimination, continuous harassment and retaliation. On August 18, 2000, a federal jury found EPA guilty of violating the civil rights of Coleman-Adebayo on the basis of race, sex, color and a hostile work environment, under the Civil Rights Act of 1964. Her court victory and personal leadership were instrumental in the passage of the first civil rights and whistleblower protection legislation of the 21st Century, the No FEAR Act (Notification of Federal Employees Anti-discrimination and Retaliation).
Coleman-Adebayo is not the only EPA employee seeking redress from the harassment and discrimination occurring at the agency. Several senior professional women employees at the agency have voiced concerns that the Office of Civil Rights is dysfunctional and the new Director, Raphael DeLeon—who was promoted by current EPA Administrator Lisa P. Jackson on December 10, 2010—is hostile to women's issues and complainants who raise these issues. Despite this and other problems, Administrator Jackson lavished praise of DeLeon in announcing his promotion. "Rafael's strong leadership abilities and civil-rights experience” Jackson said, “will strengthen OCR's critical role in leading and supporting the EPA’s equal employment programs."
"Raphael DeLeon was one of the senior managers inside the EPA who has a history of taking actions against women, particularly women who have opinions that were contrary to his or take opposing views,” said Coleman-Adebayo. "DeLeon is a known micromanager who takes delight in ‘beating’ people instead of providing leadership. He is a small man with a small mind. I am not the only one he has gone after with a vengeance. He has been allowed to conduct his petit wars year after year.“
Despite the case's high profile and the subsequent ground breaking signing of the No FEAR Act by President George W. Bush, the hostile work environment within EPA has gone unabated. Indeed, many of the managers implicated in Coleman-Adebayo's trial were promoted and remained in the highest levels of management within the agency, some working directly with every EPA Administrator since Carol Browner's tenure ended in 2001 tainted by the findings in Coleman-Adebayo v. Carol M. Browner.
“This agency is incestuous. Some consideration must be given to moving it under a major cabinet Department in order to stop the nepotism, favoritism and cronyism that has resulted from years of the same way of doing business. How can community organizations and the public get any consideration when their own employees are threatened and treated with disrespect?” asked Coleman-Adebayo.
The agency was cited for failing to process Title VI complaints of discrimination by external organizations and groups for almost a decade. They haven’t fared much better with processing Title VII internal complaints and affirmative employment. The former Director failed to submit EEOC required reports for years without any action being taken. Instead, the senior employee who protested this violation was proposed for removal.
“Nothing has really changed in the last decade, except that some of these managers have grown bolder and desensitized to following any regulations. They continue to get away with their corruption and their absolute power without repercussions, in total disregard of their sworn allegiance to serve the public” an EPA source said on the condition of anonymity.
Coleman-Adebayo has never been able to utilize her extensive education or credentials in the area of environmental science. She has had to spend countless years fighting the system rather than serving the public. “This entire scenario has cost the taxpayers millions of dollars because of a few unethical, unprofessional, egotistical supervisors. The office is once again hiring a consulting firm to cover-up the problems—at the cost of $350,000. After my court victory ten years ago, EPA paid another consultant at a similar cost to do the same thing. As they say, if you do the same things, you will get the same results, and that is what the EPA leadership continues to do.”
Whatever happens next week at Coleman-Adebayo’s case before MSPB, she has vowed to continue the fight in District Court before a jury. “I cannot see allowing this to continue when so many people in our country are out of work and would be happy to have any job, while these people get away with misusing taxpayer funds for their own ends. This is not what we need in this country. I continue to hope that the Obama administration will step in and do the right thing – but I, and other women at the agency, are still waiting.”
During the decade since winning the largest ever judgment against the agency, Coleman-Adebayo has been denied approximately 10 requests for reasonable accommodation by the agency, despite formal requests from several Congress Members to EPA to detail Dr. Coleman-Adebayo to their office. Wednesday's scheduled Hearing will determine if the EPA further violated Coleman-Adebayo's civil rights under Title VII of the 1964 Civil Rights Act. There may also be Rehabilitation Act violations. Further, it will test the efficacy of the No FEAR Act in stopping federal managers from retaliating and discrimination against their subordinates. Most importantly, it will test President Obama's commitment to civil rights and the protection of whistleblowers from the overreach of federal supervisors who are involved in criminal activity.
"The history of outcomes at the MSPB for employees filing complaints has not been encouraging," Dr. Coleman-Adebayo asserts. "But I am hopeful that the overwhelming evidence in this case and the seriousness of the charges I am bringing—as well as many other complaints that many other women are leveling against the perpetrators here will have a sobering effect on the court. I trust the judge—unlike a succession of presidents and their EPA administrators—will not allow the outrages of rogue managers to continue to victimize decent and conscientious federal employees whose talents would be better directed toward protecting the environment and the public than in trying to wrest justice out of the hands of criminal elements who have operated with impunity behind the green banner of the EPA."
David Swanson 4-23-11
WASHINGTON, D.C. Dr. Marsha Coleman-Adebayo returns to court this week before the Merit Systems Protection Board against the federal agency that has been her nemesis for over a decade—the Environmental Protection Agency. Dr. Coleman-Adebayo contends that her firing during the Obama transition period was just the latest chapter in the ongoing struggle she has waged against the agency’s discrimination, continuous harassment and retaliation. On August 18, 2000, a federal jury found EPA guilty of violating the civil rights of Coleman-Adebayo on the basis of race, sex, color and a hostile work environment, under the Civil Rights Act of 1964. Her court victory and personal leadership were instrumental in the passage of the first civil rights and whistleblower protection legislation of the 21st Century, the No FEAR Act (Notification of Federal Employees Anti-discrimination and Retaliation).
Coleman-Adebayo is not the only EPA employee seeking redress from the harassment and discrimination occurring at the agency. Several senior professional women employees at the agency have voiced concerns that the Office of Civil Rights is dysfunctional and the new Director, Raphael DeLeon—who was promoted by current EPA Administrator Lisa P. Jackson on December 10, 2010—is hostile to women's issues and complainants who raise these issues. Despite this and other problems, Administrator Jackson lavished praise of DeLeon in announcing his promotion. "Rafael's strong leadership abilities and civil-rights experience” Jackson said, “will strengthen OCR's critical role in leading and supporting the EPA’s equal employment programs."
"Raphael DeLeon was one of the senior managers inside the EPA who has a history of taking actions against women, particularly women who have opinions that were contrary to his or take opposing views,” said Coleman-Adebayo. "DeLeon is a known micromanager who takes delight in ‘beating’ people instead of providing leadership. He is a small man with a small mind. I am not the only one he has gone after with a vengeance. He has been allowed to conduct his petit wars year after year.“
Despite the case's high profile and the subsequent ground breaking signing of the No FEAR Act by President George W. Bush, the hostile work environment within EPA has gone unabated. Indeed, many of the managers implicated in Coleman-Adebayo's trial were promoted and remained in the highest levels of management within the agency, some working directly with every EPA Administrator since Carol Browner's tenure ended in 2001 tainted by the findings in Coleman-Adebayo v. Carol M. Browner.
“This agency is incestuous. Some consideration must be given to moving it under a major cabinet Department in order to stop the nepotism, favoritism and cronyism that has resulted from years of the same way of doing business. How can community organizations and the public get any consideration when their own employees are threatened and treated with disrespect?” asked Coleman-Adebayo.
The agency was cited for failing to process Title VI complaints of discrimination by external organizations and groups for almost a decade. They haven’t fared much better with processing Title VII internal complaints and affirmative employment. The former Director failed to submit EEOC required reports for years without any action being taken. Instead, the senior employee who protested this violation was proposed for removal.
“Nothing has really changed in the last decade, except that some of these managers have grown bolder and desensitized to following any regulations. They continue to get away with their corruption and their absolute power without repercussions, in total disregard of their sworn allegiance to serve the public” an EPA source said on the condition of anonymity.
Coleman-Adebayo has never been able to utilize her extensive education or credentials in the area of environmental science. She has had to spend countless years fighting the system rather than serving the public. “This entire scenario has cost the taxpayers millions of dollars because of a few unethical, unprofessional, egotistical supervisors. The office is once again hiring a consulting firm to cover-up the problems—at the cost of $350,000. After my court victory ten years ago, EPA paid another consultant at a similar cost to do the same thing. As they say, if you do the same things, you will get the same results, and that is what the EPA leadership continues to do.”
Whatever happens next week at Coleman-Adebayo’s case before MSPB, she has vowed to continue the fight in District Court before a jury. “I cannot see allowing this to continue when so many people in our country are out of work and would be happy to have any job, while these people get away with misusing taxpayer funds for their own ends. This is not what we need in this country. I continue to hope that the Obama administration will step in and do the right thing – but I, and other women at the agency, are still waiting.”
During the decade since winning the largest ever judgment against the agency, Coleman-Adebayo has been denied approximately 10 requests for reasonable accommodation by the agency, despite formal requests from several Congress Members to EPA to detail Dr. Coleman-Adebayo to their office. Wednesday's scheduled Hearing will determine if the EPA further violated Coleman-Adebayo's civil rights under Title VII of the 1964 Civil Rights Act. There may also be Rehabilitation Act violations. Further, it will test the efficacy of the No FEAR Act in stopping federal managers from retaliating and discrimination against their subordinates. Most importantly, it will test President Obama's commitment to civil rights and the protection of whistleblowers from the overreach of federal supervisors who are involved in criminal activity.
"The history of outcomes at the MSPB for employees filing complaints has not been encouraging," Dr. Coleman-Adebayo asserts. "But I am hopeful that the overwhelming evidence in this case and the seriousness of the charges I am bringing—as well as many other complaints that many other women are leveling against the perpetrators here will have a sobering effect on the court. I trust the judge—unlike a succession of presidents and their EPA administrators—will not allow the outrages of rogue managers to continue to victimize decent and conscientious federal employees whose talents would be better directed toward protecting the environment and the public than in trying to wrest justice out of the hands of criminal elements who have operated with impunity behind the green banner of the EPA."