MUELLER CHASTISED FOR FOLLOWING EEO LAW

Yesterday was like any other morning. I woke up with my alarm, made a pot of coffee, and settled on the sofa to watch the news. I had forgotten it was no ordinary news day, it was Mueller time. 

But honestly, I wasn’t expecting much. The information was already out there; a career public servant was going to be grilled by career politicians. I told myself there wouldn’t be anything to get upset about, and quickly realized that I am still somewhat of an optimist! 

Isn’t that cute?

Things were rolling along as expected. “I refer you to the report.” “Nothing new to add.” “Thank you for your service.” 

But through the haze of political posturing my HR ears began to perk up at the questioning. I looked up to see Rep. Kelly Armstrong speaking. His chosen topic? The DOJ’s hiring practices. 

Representative Armstrong couldn’t believe that Mr. Mueller did not take political affiliation into account when assembling his team. In fact, he didn’t even ask! 

The nerve of that man!

Doesn’t he know where he works?

Why didn’t he know how much money they donated to a political candidate? 

Why didn’t he ask them how politically active they are?

Why didn’t he know their personal political leanings before considering them for his team?

This is where Robert Mueller interrupted and asked if he could speak to the hiring practices within the DOJ. 

I was thrilled. 

I moved to the edge of my seat, coffee in hand, swaying, whispering, “Say it! Say it!” 

"We strove to hire those individuals that could do the job. I've been in this business for almost 25 years, and in those 25 years, I have not had occasion once to ask somebody about their political affiliation. It is not done. What I care about is the capability of the individual to do the job and do the job quickly and seriously and with integrity," Mr. Mueller said. (Source: The New York Times)

 “Damn it, Bob!!” I yelled. 

“It is not done,” he said. Well, he got that right. 

But I wish he had taken the opportunity to educate the room and the public.

In my best game show announcers voice, “Acceptable answers may include…” 

“But that would have been illegal.” 

“An employer is not allowed to ask political affiliation when making hiring decisions.” 

“I didn’t ask those questions because that is none of my business.”

 And it isn’t. Period. Your boss does not have the right to know your political affiliation.  

In fact; the EEOC amended the CSRA in 1978 to include political affiliation for federal employees specifically! 

Here it is:

“The Civil Service Reform Act of 1978 (CSRA), as amended, also protects federal government applicants and employees from discrimination in personnel actions (see "Prohibited Personnel Practices" http://www.opm.gov/ovrsight/proidx.asp) based on race, color, sex, religion, national origin, age, disability, marital status, political affiliation, or on conduct which does not adversely affect the performance of the applicant or employee -- which can include sexual orientation or gender identity.  The Office of Special Counsel (OSC), www.osc.gov, and the Merit Systems Protection Board (MSPB), www.mspb.gov, enforce the prohibitions against federal employment discrimination codified in the CSRA.” Source: www.EEOC.gov

Did you catch who enforces federal employment discrimination laws? The office of the Special Counsel. 

“Come on Bob!! You’re killing me!”