Press Release from Barney Frank

BUSH ADMINISTRATION OFFICIAL STILL FALLS SHORT ON PROTECTING GAY FEDERAL EMPLOYEES FROM DISCRIMINATION

Washington, D.C. - Reps. Eliot Engel (D-NY), Barney Frank (D-MA), George Miller (D-CA), Henry Waxman (D-CA) and Tammy Baldwin (D-WI) have written a letter to Mr. Scott Bloch, Director of the Office of Special Counsel (OSC), about the lack of evidence that the OSC has genuinely reversed its policy of ignoring the rights of gay and lesbian federal employees.

Mr. Bloch, who is responsible for protecting the rights of all federal employees, is failing to restore clear directives on the OSC website against discrimination based on sexual orientation. Mr. Bloch has also instructed that only political operatives at the OSC be allowed to look into discrimination complaints against gays and lesbians. Another source of concern is that Mr. Bloch has instituted a "gag" order preventing OSC staff from discussing with other federal agencies its policy on dealing with complaints of sexual discrimination.

In the letter to Mr. Bloch, the Members demand answers from Mr. Bloch about his rationale and ask him to respond to Congress by close of business on June 8, 2004 - less than one week from today.

"Mr. Bloch is continuing his right-wing assault on the rights of gay and lesbian federal employees," said Rep. Engel, who, with Rep. Frank, on

3/4/04 led a letter from 70 Members of Congress to Mr. Bloch calling on him to correct the OSC website by listing discrimination against gay and lesbian federal employees as against the law. "The White House issued a statement publicly opposing Mr. Bloch's policy after it became well-known, but considering he is still employed and using his authority to subvert federal law, I am concerned that the President is allowing Mr. Bloch's homophobic agenda to move forward."

"The fears that Mr. Bloch generated by his earlier announcement are being reinforced by his recent actions. Federal employees are entitled to know that their rights exist in reality, and not just in the form of a reluctant acknowledgment," said Rep. Frank.

Rep. Miller said, "Under pressure from Congressional Democrats and others, the Bush Administration promised to restore protections against discrimination based on sexual orientation. No one familiar with this Administration's chronic credibility problem will be surprised to discover it has failed to follow through on its promises. Special Counsel Scott Bloch must be held accountable for failing to ensure that the rights of all federal workers -- regardless of sexual orientation -- are protected."

"Mr. Bloch's actions are part of a larger attack on the federal civil service by the Bush Administration." Rep. Waxman said. "Over the past three and a half years, federal employees have lost collective bargaining and appeals rights, they have seen their jobs outsourced, and now they face discrimination based on their sexual orientation."

Rep. Baldwin added, "It's unfortunate that we must continue to press Mr.

Bloch on this issue. Actions speak louder than words but, so far, we've seen nothing but empty rhetoric. If Mr. Bloch is defying White House policy, he should be held accountable. If his actions are supported by the White House, then those discriminatory policies must be exposed and challenged."

A copy of the letter is attached.

June 1, 2004

Mr. Scott J. Bloch

U.S. Office of Special Counsel

1730 M Street, N.W., Suite 218

Washington, D.C. 20036-4505

Dear Mr. Bloch:

In April of this year, following criticism from Members of Congress about your reversal of federal policy on discrimination based on sexual orientation, your office issued a press release that stated "It is the policy of this Administration that discrimination in the federal workforce on the basis of sexual orientation is prohibited." This statement provided some assurances to many people, including us, who have spent years fighting to ensure that the federal employees are free of any discrimination. However, actions speak louder than words and we have growing concerns that you have not implemented the promise to return to longstanding policy barring discrimination.

We are unaware of any action thus far to update the website of the Office of Special Counsel to restore the clear directives against discrimination based on sexual orientation. Two months have passed and you have failed to clearly list discrimination based on sexual orientation as a Prohibited Personnel Practice (http://www.osc.gov/ppp.htm#q1). The OSC website must be clear and easily understandable for all employees seeking the services and protections of the OSC.

Other actions you have taken are cause for serious concern on our part.

We understand that you have ordered that all discrimination complaints based on sexual orientation are to be assigned to a political appointee not a career employee. We can find no reason why such sensitive cases should be directed solely to political level appointees rather than being entrusted to the OSC's professional personnel. This is a highly irregular procedure and invites abuse.

We are also aware that you have instituted a "gag" order preventing OSC staff from discussing with other federal employees the agency's policy on handling complaints of sexual orientation discrimination. As elected Representatives, and federal employees ourselves, we find this policy extremely disconcerting. The OSC's primary role is to protect federal employee whistleblowers. It would be a blow to the morale of all federal employees and the American people if an OSC employee found it necessary to become a whistleblower.

Given your previously expressed opposition, these two new policies leave significant doubt about how committed you really are to protecting employees against this form of discrimination. Therefore, we ask that you explain to us, in writing, the rationale for these policies. We also would like, in writing, a detailed report on any efforts you have undertaken to enforce the non-discrimination policy and educate the federal workforce regarding their rights in light of the confusion. We would appreciate a response to these questions by the close of business on June 8th.

Thank you for your attention and we look forward to your prompt response.

Sincerely,