It’s been a while and there’s a lot to share!  We have updates about a new project, our advocacy at the FBI and an OIG report on the FBI Academy, an abortion-related pro bono opportunity, press coverage of our abortion advocacy, several new congressional bills, sexual misconduct developments, a chance to lobby for fertility benefits, and a DOJABA conference. Let’s get into it.

 Announcing DOJ GEN’s New Project!
Tracking components’ commitment to gender equity and equality

Ever wonder how your component stacks up to others when it comes to DOJ GEN’s priorities?  Our brilliant vice president, Melanie Krebs-Pilotti, came up with the idea to rank DOJ components according to their policies on sexual misconduct, flexible work options, family-friendly accommodations, gender diversity in leadership, and pay equity.  We’re in the process of sending each component a survey and we’ll assess the responses when we get them.  Many thanks to Melanie and Rebecca McMullen for their work on this. We’ll be in touch about our progress soon.

Advocacy at the FBI

We’re ramping up our efforts to address some of the workplace issues that FBI employees have told us about.  If you know of FBI employees who might be interested in participating, please ask them to reach out to Letisha Mason Smith at l2masonsmith@bop.gov.

OIG report on gender equity at the FBI Academy

Speaking of the FBI, DOJ’s Office of the Inspector General issued a 55-page report on gender discrimination at the FBI Academy.  OIG found that new women agents received a disproportionate number of dismissals and negative reviews, reported inappropriate behavior and gender-based feedback from instructors, and have been substantially underrepresented as instructors.  You can read details about the findings, OIG’s recommendations, and the FBI’s response here.

Reproductive justice pro bono opportunity

DOJ’s pro bono program has approved a great opportunity for DOJ attorneys looking to join the fight for reproductive justice.  You can contact DOJ’s Pro Bono Manager, Laura Klein, at laura.f.klein@usdoj.gov with questions.  Here’s the description:

• If you’re looking to apply your legal skills for reproductive justice, join a nationwide group of legal professionals at If/When/How's Reproductive Justice Lawyers Network.  The Reproductive Justice Lawyers Network (RJLN) trains and mobilizes legal professionals to work for reproductive justice in their communities.  The RJLN offers members a variety of ways to harness their skills and talents to make impactful change toward reproductive freedom.  The most appropriate opportunity for federal government attorneys is research.  All opportunities require agency approval and interested volunteers can consult Laura Klein or their agency pro bono coordinator for guidance.  When you become a member, you’ll gain access to a variety of skill-building workshops, continuing education credits, exclusive networking events, and volunteer opportunities.  Learn more about the RJLN here.

Press coverage of DOJ GEN’s abortion advocacy

Federal Times covered DOJ GEN’s ongoing efforts to convince Congress to end its longstanding ban on abortion coverage in federal employee health insurance plans.  (If you missed it, you can read our December op-ed in The Hill on this issue here).

Newly expanded access to paid leave

On February 2, President Biden issued an important memo addressing the struggles encountered by feds with insufficient accrued leave, especially those new to government who aren’t yet eligible for leave under FMLA.  He “encouraged” agency heads to “consider providing leave without pay for Federal employees” to “bond with a new child, to care for a family member with a serious health condition, to address an employee’s own serious health condition, or to help manage family affairs when a family member is called to active duty, including during an employee’s first year of service.”  The President also directed OPM to guide agencies on providing paid or unpaid leave “for purposes related to seeking safety and recovering from domestic violence, dating violence, sexual assault, or stalking.”

 New bills (one bad, two good) in Congress

Bad:  If we’ve learned anything over the last three years, it’s that most DOJ employees can work from home at least as effectively as they can from the office.  That’s why the name and goal of the Stopping Home Office Work’s Unproductive Problems (SHOW UP) Act is so infuriating.  The bill, which passed the House on February 1, is headed to the Senate.  The National Federation of Federal Employees has a portal where you can urge your lawmakers to vote against it.

Good:  The House and the Senate have reintroduced the Comprehensive Paid Leave for Federal Employees Act, which would provide feds with 12 weeks of paid leave to care a sick family member or themselves (more about the bill here).  We’re going to analyze the bill and the current legislative landscape to determine how DOJ GEN should get involved.

Good:  Lawmakers in the House and Senate just introduced a new bill to prevent future presidents from stripping tens of thousands of career federal employees—many of us included—of civil service protections.  The Saving the Civil Service Act would help stave off the creation of the Schedule F job classification, which some are actively trying to revive.

Sexual misconduct updates

AFGE, the union that represents many BOP staffers, is calling for the removal of the warden at U.S. Penitentiary Thomson in Illinois over his alleged failure to address rampant sexual misconduct of staff by inmates.

The U.S. Merit Systems Protection Board (MSPB) recently released its latest report on sexual harassment in the fed government—Sexual Harassment in Federal Workplaces: Understanding and Addressing the Problem (fortunately, MSPB long ago abandoned the title it used in 1981:  Sexual Harassment in the Federal Workplace: Is It a Problem?).  According to the report, at DOJ, 16% of women and 7% of men experienced sexual harassment between 2014 and 2016.

OPM seems to have hired not one, but two senior officials with long histories of sexual misconduct.  The Washington Post reported earlier this month that OPM hired, as the second-in-command in its retirement services division, a man who resigned from a state agency that concluded he sexually harassed multiple subordinates.  And last month, the Defense Department inspector general issued a report finding that OPM’s CFO had a long history of engaging in racially and sexually offensive behaviors in his previous role as comptroller general at the Pentagon.  We’re aware of nothing that prohibits federal agencies from hiring employees with this type of past misconduct, and the fact that OPM recently did so twice is certainly cause for concern.

FEHBP coverage of fertility benefits

On April 25, RESOLVE, the national infertility association, is sponsoring its first Federal Advocacy Day to rally lawmakers’ support for legislation protecting workers’ access to fertility services.  DOJ GEN would like to use this opportunity to advocate for expanded coverage in federal employee healthcare plans.  If you’d like to participate or have questions, please email Abi Farthing at abigail.farthing@usdoj.gov.