Legislation to Provide Relief for Nancy P. Gilbert

LEGISLATION TO PROVIDE RELIEF FOR NANCY P. GILBERT -- (Extensions of Remarks - November 18, 2004)

Mr. COLLINS. Mr. Speaker, yesterday, I introduced private legislation to posthumously promote Nancy Gilbert, formerly of Marietta, Georgia, to the position of Supervisory Investigator at the Atlanta District Office of the United States Equal Employment Opportunity Commission. While this legislation would not confer any additional pay or benefits to Mrs. Gilbert's family, it would rightly recognize her service at the EEOC and rightly recognize that she was worthy of a promotion for which she was passed over in July 2001.

Nancy Gilbert began her career with the EEOC in 1979 in Memphis, Tennessee. Her career with the EEOC saw her ably perform in assignments in Washington, D.C., Miami, Florida and Atlanta, Georgia. During her career, she was awarded a Masters Degree in Race Relations and a Bachelors Degree in Sociology. Her last assignment was in the Atlanta District Office of the Equal Employment Opportunity Commission ("ATDO"). While in this office, Mrs. Gilbert served in several units involving Enforcement, Intake and Mediation. Her last Government service level was as a GS 12, Step 10. By all accounts and by her record of consistent promotions, Mrs. Gilbert's service to the government was competent and admirable.

In April 2001, the position of Supervisory Investigator, GS-13, in the ATDO became available. Mrs. Gilbert made the decision to apply for this position and her name was placed on the Merit Promotion Referral List. After an extremely brief and truncated interview process, Mrs. Gilbert was passed over for this position, which was awarded to another EEOC employee. Mrs. Gilbert, believing she had been discriminated against on the basis of her race, gender and age, requested a hearing, which she was granted (Agency Case No. 0-0100067-AT) before Administrative Judge Richard H. Fine on August 29 and 30, 2002. Judge Fine, after a thorough examination of the evidence, determined that Mrs. Gilbert had been unlawfully discriminated against when she was denied the promotion to the position of Supervisory Investigator.

Regrettably, the EEOC, determined to use its own power to deny its wrongdoing, overturned Judge Fine's well-reasoned and clearly delineated decision in Mrs. Gilbert's favor. In so doing, the EEOC not only undermined but disregarded the very legal process instituted to protect the integrity of its employment decisions. Ironically, the very agency designed to ensure justice and fairness in hiring for our nation's workforce denied justice and fairness to one of its very own employees-not once, but twice. It is difficult to imagine a fair process in which the loser in a legal proceeding is given the opportunity to unilaterally overturn the result. However, this is the very thing the EEOC did in the case of Mrs. Gilbert.

After the Judge's decision was overturned by the EEOC on appeal, the last option available to Mrs. Gilbert was to appeal this adverse agency decision to U.S. District Court. Sadly, before she could seek justice in her case in our federal courts, Mrs. Gilbert became ill and passed away earlier this year. To her credit, and in spite of the EEOC's actions against her, Mrs. Gilbert continued her faithful service as an investigator, carrying out her duties on behalf of others. It was only when her illness made her unable to work that she ultimately retired from her position.

In honor of Mrs. Gilbert's faithful service to our country and with respect for the rule of law, I introduced this legislation. Mrs. Gilbert should be posthumously promoted to a GS-13, the position she deserved before her passing. While this bill would not confer any benefits, financial or otherwise, upon her family, this bill would fulfill Mrs. Gilbert's pursuit of justice that was tragically cut short by her untimely passing. The agency responsible for ensuring equal opportunity to all Americans in the job market must be held to account when it fails to live up to that mission with its own employees. This legislation would do just that by recognizing Mrs. Gilbert with the government service level she deserved and bringing justice for Mrs. Gilbert's family and loved ones who stood with her through her fight against discrimination.