Whistleblower Groups File OIG Complaints against USDA and EEOC for Allegedly Improperly Closing More than 3,000 Unprocessed Discrimination Claims

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ACORN 8 and FEW/LEF seek an Office of Inspector General investigation of the alleged misconduct and wrongdoing by the U.S. Department of Agriculture and alleged possible complicity with the Equal Employment Opportunity Commission during the Whistleblower Summit for Civil and Human Rights.

During the Whistleblower Summit for Civil and Human Rights, hosted by ACORN 8 and Federally Employed Women/Legal Education Fund (FEW/LEF), whistleblower groups USDA Coalition of Minority Employees and Coalition For Change (C4C) endorsed a formal investigation of alleged government misconduct by the U.S. Department of Agriculture for administratively closing over 3,000 previously unprocessed claims.

In a formal complaint before the Equal Employment Opportunity Commission (EEOC) Washington Field Office, Michael McCray alleges that the U.S. Department of Agriculture has fabricated evidence and backdated documents in an effort to administratively close over 3,000 previously unprocessed discrimination claims. Michael McCray possessed four of those unprocessed claims. In RE: Michael McCray vs U.S. Department of Agriculture (Complaint No. 570-2010-00744X).

If McCray’s allegations are proved true, it calls into question the "remarkable progress” that the USDA Office of Civil Rights has claimed under the leadership of Dr. Joe Leonard, Assistant Secretary of Civil Rights and the overall commitment to civil rights by USDA Secretary Tom Vilsack. While yet unproven, these allegations remain pending before the Administrative Judge Kurt Hodges at the EEOC Washington Field Office.

During the recent Whistleblower Summit on Capitol Hill, Matthew Fogg, President of FEW/LEF requested an official investigation by the Phyllis Fong, USDA Inspector General and Milton Mayo, Jr., EEOC Inspector General regarding the alleged irregularities with the processing and closing of over 3,000 previously unprocessed claims at USDA (http://www.acorn8.com.hostbaby.com/files/OIG_Complaint.pdf). The complaint alleges, "After filing an additional grievance for non-selection and a class action complaint to resolve the unprocessed claims, Mr. McCray discovered documents that call into question veracity of USDA's defense and propriety of administratively closing 3,000 unprocessed claims."

In his sworn affidavit, Michael McCray questions whether USDA fabricated evidence or backdated documents (Final Agency Decisions) in his case, Michael McCray vs U.S. Department of Agriculture (Complaint No. 570-2010-00744X), and others in order to close the unprocessed discrimination claims and deny over 3,000 claimants their rights to appeal to the EEOC (http://www.acorn8.com.hostbaby.com/files/MRM-OIG_Affidavit.pdf).

McCray alleged, “By engaging in this conduct, USDA Officials have been routinely engaged in questionable and unethical conduct to deny due process in possibly thousands of EEO cases at the U.S. Department of Agriculture with possible complicity by the Equal Employment Opportunity Commission.”

This press release references an ongoing Administrative proceeding before the Equal Employment Opportunity Commission in Washington, DC. It is to be read then officially as allegation only; even while some references to readily available public records and plentiful documentation are provided. It should be noted for significant legal purposes that all references to procedures and practices of wrongdoing technically are alleged only. The U.S. Department of Agriculture has neither admitted to nor been convicted of breaking any statutes or laws or violating government contracts in this case at this time.

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Michael McCray
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Matthew Fogg
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