For Immediate Release
Thursday, August 14, 1997
AFSCME Receives Ruling in Discrimination Complaint Against Voice of America
Washington, DC —An EEO judge has ruled that a VOA radio broadcast technician was the victim of racial discrimination, which included being subjected to racial epithets.
Working with his union, the American Federation of State County and Municipal Employees (AFSCME), Kenneth A. Conney, who is African-American and a seven-year employee with VOA, filed an EEO complaint in 1994 after being subjected to ongoing discrimination based on his race. EEOC Administrative Judge Antoinette Eastes ruled that the Agency had subjected Conney to race discrimination in the form of a hostile work environment.
In written remarks, Judge Eates, stated, "After consideration of the totality of the circumstance, I conclude that Conney has established that he was subjected to a racially hostile work environment. Conney was subjected to racial epithets by his supervisor that spread through the workplace, racially discriminatory treatment with respect to an AWOL charge, and work assignments that caused him pain and worsened his physical injury. ...I find that the harassment in this case was sufficiently severe and pervasive that it altered the conditions of Conney’s employment and resulted in a hostile and abusive work environment. Management, while aware of the behavior took no action to stop it."
"AFSCME views the decision and the settlement in this case as a significant achievement, that takes on special meaning when you consider the environment within the VOA and its record in other discrimination cases," said Gary Marco, president of AFSCME Local 1418. "The terms of the settlement were very good, exceeding damage awards in similar cases. Included in the award were a substantial lump sum payment and the payment of legal fees and expenses. Conney’s attorney Alice Bodley of Beins, Bodley, Axelrod & Kraft, P.C. and union officials should be credited for their perseverance in moving this case to a successful conclusion."
The judge’s recommended corrective measures include that the Agency:
- provide training for managers at the worksite involved in the complaint on racial harassment and hostile work environment prevention;
- the Agency through appropriate notice(s) posted for at least 90 days in conspicuous places at the agency’s facility notify employees that they have the right to work in an environment free from unlawful discrimination and, in particular, racial harassment;
- ensure as required by federal law equal employment opportunity laws, that no employee be subjected to a hostile work environment;
- and the Agency not retaliate against employees for exercising their right to be free from discrimination.
To date no disciplinary action has been taken against the VOA supervisor named in the complaint. As a result of the discrimination ruling, AFSCME will now determine whether the Agency’s intended penalties and corrective measures are acceptable and effective.
