WASHINGTON-Federal Communications Commission Chairman William Kennard, a vigilant proponent of equal employment opportunity rules and a champion of disabled rights, has been hit with seven job discrimination lawsuits against his agency during the past 17 months.
The suits, filed in U.S. District Court here, allege job discrimination based on race, gender, age and sex. The litigation is being pursued by a Hispanic woman, a white male, two African-American women, a Chinese-born Asian-American female and a 59-year-old disabled Vietnam veteran.
Several of the cases are in mediation, and at least one is set for trial this summer.
In court filings, the FCC denied any wrong doing but did not dispute all the facts presented by the plaintiffs. The agency did not respond to requests for comment.
Communications lawyers contacted said they were unaware of the EEO lawsuits, and were surprised to hear of them. Still, it is no secret that FCC hiring has become more political in recent years as the telecommunications industry has grown and as the agency has become a revenue source (via spectrum auctions) for the U.S. Treasury.
A search of the court’s database found nothing resembling the slew of job discrimination suits that have hit the Kennard FCC.
Three EEO suits were filed against the FCC under Kennard’s predecessor, Reed Hundt. Two suits were settled out of court. The other, brought by Michael Ward, was rejected by the federal district court and U.S. appeals court here.
Before Hundt, one EEO suit was decided in favor of former acting FCC Chairman James Quello.
No EEO suits against the FCC were found during the tenures of former FCC Chairmen Alfred Sikes, Dennis Patrick and Mark Fowler.
Ward, a disabled veteran who unsuccessfully sued the Hundt FCC, continues to pursue his case against the Kennard FCC. He filed EEO suits this year and in 1999. Ward, according to court, is seeking nearly $10 million in damages.
Ward said the FCC passed him over for a writer/editor position in public affairs in favor of a younger female who was less qualified. Hundt was FCC Chairman at the time.
“In 1994, there were no men in that office. Only women at GS-12 or above,” said Ward, who is currently unemployed. “The only reason there are men [in public affairs] now is because of a reorganization. More than 50 males applied for that job. They only hired females.”
Christopher White’s lawsuit against the Kennard FCC makes much the same claim. White, described in the suit as white male over 40 years old, claims he was denied a job in the FCC’s Wireless Telecommunications Bureau in favor of less qualified women. “In addition,” the suit states, “the plaintiff has been subjected to discrimination in the assignment of his duties and the evaluation of his work.”
Ann Bright, an African American female who works in the Cable Services Bureau, contends the FCC refused to promote her and pay her on the same basis that it promoted and paid white male colleagues. Bright said she received favorable performance appraisals.
“With one exception,” her suits states, “no African American female accountant/financial analyst has received a merit promotion to the GS-14 level and beyond in the Cable Services Bureau.” Bright is seeking $300,000 in damages.
Zaida Lebron, a Hispanic woman from Puerto Rico, also alleges discrimination in the FCC’s Cable Bureau. She contends her supervisor compared a promotion she received to a welfare check. Lebron was fired after she complained. The FCC denies the allegation.
The FCC said a promotion Lebron received was subsequently rescinded. The agency said Lebron should not have received it in the first place, claiming the confusion was due to an administrative error. Lebron said she cannot find comparable work and is seeking $1 million in damages.
Carol Canteen, a black female who is employed as an industry economist at the FCC, argues she was not promoted on the same basis as white males. Canteen is seeking $1 million in damages.
Qihui Huang, a Chinese-born Asian American female, has been employed most recently as a computer specialist in a unit of the FCC Managing Director’s office. She said despite being among the best qualified, a black male got a promotion over her. Her case, if unresolved by mediation, will go to trial on Aug. 1.
