This month, we have some updates about return-to-office policies; press coverage of our pay equity advocacy; a new way you can help shape DOJ’s response to sexual misconduct; our comments to DOJ’s draft DEIA strategic plan; developments at BOP; why life doesn’t get easier for many feds after 40; and a chance to learn about pro bono opportunities through DOJ.

Updates on flexible work options

Like many companies across the country, DOJ is ending its maximum telework posture. Each component has issued or will issue return-to-office policies that could go into effect as early as this month. We’ve already learned about new policies that offer generous flexible work options—as well as others that offer very limited options and don’t appear to be justified by mission needs. As a result, we’re now seeing the inequities we warned JMD about last June.

DOJ GEN is collecting policies so that you’ll know how your flexible work options compare to others, and will be better equipped to challenge them if you so choose. Please take a few minutes to let us know about your component’s policies by clicking the button below.  Thanks!

Some other news about flexible work options:

• The National Association of Assistant United States Attorneys (NAAUSA) asked Deputy Attorney General Lisa Monaco in a letter to set a “uniform, baseline approach to telework” to avoid some U.S. Attorney Offices allowing significant telework flexibility while “some offer none or nearly none.” NAAUSA notes that a uniform policy would “not only benefits AUSAs, but the administration of justice generally.” We agree!

•  Legislation has been introduced in Congress to significantly pare back federal agencies’ flexible work options. The Return to Work Act in the House would require federal agencies to revert to their pre-pandemic telework policies, and it would permit agencies to override union bargaining agreements that provide for flexible work options. There’s also a Senate bill seeking to override the bargained flexible work options. Neither of these bills appear poised to pass anytime soon, but we’ll keep monitoring congressional activity on this issue.

Press coverage of DOJ GEN’s pay equity advocacy

In our February update, we mentioned that DOJ’s latest job ad for the Chief Diversity Officer position required applicants to list their salary for each job listed on their resume, even though the same Executive Order that called on agencies to hire a chief diversity officer also called for new scrutiny of the use of salary history during the hiring process. DOJ GEN appealed to JMD and the Office of the Attorney General to remove the salary history requirement from the ad, to no avail.

Fortunately, this problem didn’t go unnoticed.  Government Executive covered the job ad and DOJ GEN’s advocacy around the issue in an article called The Justice Dept.’s Diversity Officer Job Listing Requires a Salary History, Despite a Mandate Discouraging the Practice, and GovExec Daily dedicated most of a podcast episode to the issue. DOJ GEN will keep fighting for a salary history ban until DOJ adopts one.

DOJ launches feedback portal on sexual misconduct

DOJ’s Sexual Harassment Steering Committee is continuing seek employee feedback to inform its recommendations to the Deputy Attorney General on reforming DOJ’s response to sexual misconduct. I strongly encourage you to take the brief online survey by March 8, when it will close. To take the survey, visit shscfeedback.doj.gov or click on the button below. 

DOJ GEN pushed for the creation of this Steering Committee and we also urged DOJ to integrate employee representation in the process—because those who have borne the brunt of the Department’s failings are best positioned to be part of the solution. DOJ GEN’s members understand the gravity of the problem, and too many of us have experienced it first-hand. This is an opportunity for anyone to be heard.

DOJ GEN feedback on draft DEIA strategic plan

The White House directed DOJ and all federal agencies to develop, by March 23, a strategic plan addressing how it will advance diversity, equity, inclusion and accessibility (DEIA) at the Department. DOJ GEN provided our feedback on JMD’s draft plan during two meetings, and in comprehensive written comments.

We urged JMD to commit to a number steps, such as

1. implementing a Department-wide salary history ban;

2. conducting a global pay equity audit and allowing for individuals to obtain individual salary equity reviews;

3. hiring a DEIA staff to support the chief diversity officer;

4. requiring components to provide the maximum amount of flexible work options their missions allow and to offer a range of accommodations for caretakers; and

5. taking meaningful steps to inform the workforce about affinity groups’ existence.

News from the Bureau of Prisons

There have been a series of media reports on misconduct by BOP correctional officers, including rampant sexual abuse at federal prisons. Making matters worse, the latest news story from the Associated Press describes how BOP employee whistleblowers have been bullied for exposing the abuse. A number of senators are scrutinizing BOP’s procedures in place for addressing sexual misconduct and demanding action.

In more encouraging news, BOP reissued its Transgender Offender Manual, which fortunately reverses the last administration’s policy of housing individuals based on the sex they were assigned at birth. The manual also, for the first time, requires federal prison staff to use transgender inmates’ lived names and pronouns.

Racial and gender pay gap for feds over 40

The EEOC recently issued a report on how, for those of us who are over 40, age discrimination and pay disparities across gender and racial lines persist. The EEOC’s study revealed:

• women over 40 are far less represented in the federal sector than men;

• men over 40 make around $7,400 more per year than women;

• Black, LatinX, and American Indian employees over 40 make considerably less than white feds, disparities that persist when accounting for educational backgrounds.

Learn about pro bono opportunities at DOJ

Laura Klein, DOJ’s Pro Bono Program Manager, is hosting a training event on March 9 at 12:00 p.m. ET to explain how DOJ employees can get involved in various pro bono opportunities. You can participate via WebEx.