Equal Employment Opportunity Issues
As federal employees, National Guard technicians have the right not to be subjected to discrimination due to race, sex, national origin and other grounds prohibited by 42 U.S.C., Chapter 21, SubChapter VI, § 2000e-16(a) (Title VII). Guard technicians’ Title VII claims routinely are heard through the administrative process.
Judicial decisions, however, have held that Guard technicians’ Title VII claims cannot be presented in court because the claims are nonjusticiable military matters.
In the past, when techncians file claims alleging a EEO violation by the agency on your civilian side of your dual status, the claim is sent back, stating that it is a military matter. As we all know, this should not be the case. We are CIVILIAN employees and entitled to representation by the Equal Employment Opportunity Commission.
Basically, we are attempting to change the law by inserting the following highlighted text into Title 42, as mentioned above.
Section 2000e-16(a) states;
"(a) Discriminatory practices prohibited; employees or applicants for employment subject to coverage
All personnel actions affecting employees or applicants for employment (except with regard to aliens employed outside the limits of the United States) in military departments as defined in section 102 of title 5, in executive agencies as defined in section 105 of title 5 (including employees employed, and applicants for employment, under section 709 of title 32, United States Code and employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Rate Commission, in those units of the Government of the District of Columbia having positions in the competitive service, and in those units of the judicial branch of the Federal Government having positions in the competitive service, in the Smithsonian Institution, and in the Government Printing Office, the Government Accountability Office, and the Library of Congress shall be made free from any discrimination based on race, color, religion, sex, or national origin."
For those of you who are motivated to write your Congressman, write them and ask them to support this change to Title 42. Mention the Association of Civilian Technicians and the Kentucky Long Rifle Chapter as backers of this proposed change. I recommend that you include the following contact info in your correspondence;
Your name, phone and email address
John Goulait (National Legislative Liaison), 703-843-2154, jgoulait@actnat.com
Michael Woosley(President), 270-319-7051, Michael.woosley@klrc83.com
This process will take some efforts on each of you. In order to cause this type of change to occur, there needs to be a concentrated effort on key congressional leaders. YOUR LETTERS DO MAKE A DIFFERENCE! SO PLEASE WRITE OR CALL YOUR CONGRESSMAN TODAY!