[Congressional Record (Bound Edition), Volume 150 (2004), Part 18]
[Extensions of Remarks]
[Page 24123]
[From the U.S. Government Publishing Office, www.gpo.gov]




           LEGISLATION TO PROVIDE RELIEF FOR NANCY P. GILBERT

                                 ______
                                 

                            HON. MAC COLLINS

                               of georgia

                    in the house of representatives

                      Thursday, November 18, 2004

  Mr. COLLINS. Mr. Speaker, yesterday, I introduced private legislation 
to posthumously promote Nancy Gilbert, formerly of Marietta, Georgia, 
to the position of Supervisory Investigator at the Atlanta District 
Office of the United States Equal Employment Opportunity Commission. 
While this legislation would not confer any additional pay or benefits 
to Mrs. Gilbert's family, it would rightly recognize her service at the 
EEOC and rightly recognize that she was worthy of a promotion for which 
she was passed over in July 2001.
  Nancy Gilbert began her career with the EEOC in 1979 in Memphis, 
Tennessee. Her career with the EEOC saw her ably perform in assignments 
in Washington, D.C., Miami, Florida and Atlanta, Georgia. During her 
career, she was awarded a Masters Degree in Race Relations and a 
Bachelors Degree in Sociology. Her last assignment was in the Atlanta 
District Office of the Equal Employment Opportunity Commission 
(``ATDO''). While in this office, Mrs. Gilbert served in several units 
involving Enforcement, Intake and Mediation. Her last Government 
service level was as a GS 12, Step 10. By all accounts and by her 
record of consistent promotions, Mrs. Gilbert's service to the 
government was competent and admirable.
  In April 2001, the position of Supervisory Investigator, GS-13, in 
the ATDO became available. Mrs. Gilbert made the decision to apply for 
this position and her name was placed on the Merit Promotion Referral 
List. After an extremely brief and truncated interview process, Mrs. 
Gilbert was passed over for this position, which was awarded to another 
EEOC employee. Mrs. Gilbert, believing she had been discriminated 
against on the basis of her race, gender and age, requested a hearing, 
which she was granted (Agency Case No. 0-0100067-AT) before 
Administrative Judge Richard H. Fine on August 29 and 30, 2002. Judge 
Fine, after a thorough examination of the evidence, determined that 
Mrs. Gilbert had been unlawfully discriminated against when she was 
denied the promotion to the position of Supervisory Investigator.
  Regrettably, the EEOC, determined to use its own power to deny its 
wrongdoing, overturned Judge Fine's well-reasoned and clearly 
delineated decision in Mrs. Gilbert's favor. In so doing, the EEOC not 
only undermined but disregarded the very legal process instituted to 
protect the integrity of its employment decisions. Ironically, the very 
agency designed to ensure justice and fairness in hiring for our 
nation's workforce denied justice and fairness to one of its very own 
employees--not once, but twice. It is difficult to imagine a fair 
process in which the loser in a legal proceeding is given the 
opportunity to unilaterally overturn the result. However, this is the 
very thing the EEOC did in the case of Mrs. Gilbert.
  After the Judge's decision was overturned by the EEOC on appeal, the 
last option available to Mrs. Gilbert was to appeal this adverse agency 
decision to U.S. District Court. Sadly, before she could seek justice 
in her case in our federal courts, Mrs. Gilbert became ill and passed 
away earlier this year. To her credit, and in spite of the EEOC's 
actions against her, Mrs. Gilbert continued her faithful service as an 
investigator, carrying out her duties on behalf of others. It was only 
when her illness made her unable to work that she ultimately retired 
from her position.
  In honor of Mrs. Gilbert's faithful service to our country and with 
respect for the rule of law, I introduced this legislation. Mrs. 
Gilbert should be posthumously promoted to a GS-13, the position she 
deserved before her passing. While this bill would not confer any 
benefits, financial or otherwise, upon her family, this bill would 
fulfill Mrs. Gilbert's pursuit of justice that was tragically cut short 
by her untimely passing. The agency responsible for ensuring equal 
opportunity to all Americans in the job market must be held to account 
when it fails to live up to that mission with its own employees. This 
legislation would do just that by recognizing Mrs. Gilbert with the 
government service level she deserved and bringing justice for Mrs. 
Gilbert's family and loved ones who stood with her through her fight 
against discrimination.

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