The Honorable Joseph Lieberman
Committee on Governmental Affairs
U.S. Senate
Washington, DC 20510
November 28, 2001
Dear Chairman Lieberman:
As you may know, I, along with Representative Jackson-Lee, introduced
H.R. 169, the Notification and Federal Employee Antidiscrimination and
Retaliation (No Fear) Act of 2001, to address an outrage in the Federal
Government. The Federal Government, which should serve as a model of best
practices for a fair and open work environment, to my surprise, has instead
apparently allowed discrimination and retaliation against Federal employees.
This historic legislation, which has been described by Time columnist
Jack White as "the first new civil rights law of the 21st century," would
address this problem. On January 29, 2001, Senator Warner introduced, S.
201, a companion bill to H.R. 169, which was referred to the Committee on
Governmental Affairs. Since that time, H.R. 169, was amended to reflect
bipartisan cooperation.
Due to bipartisan work that went into this legislation, the bill passed
the House by a 420 to 0 vote (Roll no. 360) on October 2, 2001. H.R. 169 was referred to your Committee on October 3, 2001.
It has been 11 months since S. 201 was referred and two months since H.R.
169 was referred to the Senate Governmental Affairs. I understand that the
tragic events of September 11, 2001, have affected the schedules of the House
and Senate Committees. But, I urge you to pass this landmark legislation
that directly affects the productivity and performance of the Federal
government. Again, this bill has complete bipartisan support in the House
and should be enacted as soon as possible.
Specifically, the No FEAR Act sends a simple but strong message that
discrimination and retaliation will not be tolerated. The bill provides
Federal employees throughout the Federal government with additional
on-the-job protection from illegal discrimination, retaliation, and other
mistreatment by deterring and punishing government misconduct toward them.
At a May 9th 2001 hearing, the General Accounting Office testified that
there is a need for accountability, reporting, and notification in regard to
discrimination and retaliation against Federal employees. H.R. 169 addresses these needs.
The Honorable Joseph Lieberman
November 28, 2001
Page 2
Also at the hearing, Kweisi Mfume, President and Chief Executive Officer
of the National Advancement of Colored People, testified:
[b]y requiring that [F]ederal agencies be held accountable for
violations of anti-discrimination and whistleblower protection laws, H.R. 169
renews efforts to address a problem that has been allowed to fester far too
long. Furthermore, by requiring that [F]ederal agencies notify their
employees of their rights under discrimination and whistleblower statutes,
H.R. 169 would require the [F]ederal government to send an important message
to all its employees that we are serious about ensuring that peoples' rights
are protected. The portion of H.R. 169 that requires that [F]ederal agencies
report to Congress each year on the number of discrimination complaints
lodged against it, as well as the disposition of such cases would also let
employees know that their rights are being monitored, and that Congress is
watching out for them. Finally, the language in H.R. 169 requiring that
[F]ederal agencies pay out of their own budgets any discrimination or
whistleblower judgments, awards or settlements against the agency, would
clearly help make agency administrators as well as Department Secretaries
more aware of what is happening and more interested in taking steps to
prevent these discriminatory practices.
With this in mind, I urge you to move expeditiously through your
Committee the No FEAR bill. Again, thank you for your consideration.
Sincerely,
F. James Sensenbrenner, Jr.
F. JAMES SENSENBRENNER, Jr.
cc: The Honorable Tom Daschle
The Honorable Trent Lott
The Honorable Fred Thompson
The Honorable John Warner
The Honorable John Conyers
November 26, 2001
The Honorable Joseph Lieberman 706 Hart Senate Office Building Washington, DC 20510
RE: Passage of S. 201
Notification of Federal Employees Anti-Discrimination and Retaliation Act of 2001
Dear Senator Lieberman:
I write to ask for your leadership and strong endorsement of Senate Bill 201 -- Notification of Federal Employees Anti-Discrimination and Retaliation Act of 2001. As Chairman of the Senate Government Reform Committee, your leadership in promoting the first civil rights bill of the 21st Century is essential for the bill's passage in the Senate.
As you are aware, the House of Representatives passed this bill 420/0 in a show of unequaled bipartisan commitment to civil rights. This bill will ensure that Dr. King's legacy of accountability and inclusion of all people in the workplace is advanced into the 21st century.
The No Fear Bill will force federal agencies that discriminate against its employees to be held financially accountable for such illegal behavior. In addition, the provisions of the bill will provide essential information to the Congress on discrimination taking place in the federal sector and will strengthen existing whistleblower protection laws.
Recently, I met Dr. Marsha Coleman-Adebayo who won the landmark case Coleman-Adebayo v. Browner that inspired the introduction of the No Fear Act. We discussed the importance of Democrats in the Senate providing the leadership to ensure passage of this Bill. I would also encourage you to meet with Dr. Coleman-Adebayo and members of the No Fear Coalition to discuss this matter further.
Please be assured of my continued support and commitment to the passage of this Bill. I look forward to working with you as we build the necessary bipartisan coalition in the Senate to ensure a successful passage. Thank you in advance for all your time and consideration in this important matter.
Sincerely,
Jesse Jackson, Jr.
Jesse Jackson, Jr.
Member of Congress
Senator Joseph Lieberman
US Senate
Washington, D.C.
Dear Senator Lieberman,
On August 18, 2001, I won the largest lawsuit against the US Environmental
Protection Agency (EPA) on the basis on race, color, sex and hostile work
environment. As a result, two Hearings were held in the House of
Representatives on discrimination in the federal sector. Congressman F. James
Sensenbrenner and Congresswoman Sheila Jackson Lee introduced a bill as a
result of my testimony and that of others on the treatment of federal workers
and the impact that discrimination has on government programs and priorities.
The legislation- the first civil rights bill of the 21st century is
entitled: The Notification of Federal Employees Anti Discrimination and
Retaliation Act of 2001 (No Fear). The attorney who won the landmark
decision was Mr. David H. Shapiro, Esq.
As you are aware, this civil rights bill passed the US House of
Representatives on October 2nd - 420/0! Both Democrats and Republicans -
even in the midst of our national sorrow - placed the civil rights of all
Americans at a premium and voted for this historic legislation. It has been
11 months since S. 201 was referred and two months since H.R. 169 was
referred to the Senate Governmental Affairs.
Almost one year ago, we discussed the possibility of hearings with your staff
and that of Senator Akaka. We were told that since the House had held
hearings - it was not necessary for the Senate to duplicate efforts. We are
now told, that you are considering hearings - 1 years after this bill was
referred to your Committee. We believe that enough time has evaporated -
enough lives ruined in the one year since this bill was referred to your
Committee - enough stalling. We ask you to please provide the necessary
leadership and commitment to the civil rights of all Americans to send the No
FEAR bill to the floor of the Senate immediately.
In the time that this bill has lingered in your Committee, government
employees have continued to suffer harassment and retaliation at the hands of
discriminating managers without fear of any consequences for their illegal
and immoral behavior.
We ask you to meet with members of the No Fear Coalition and to provide the
necessary leadership to pass this historic legislation. Jack White of TIME
Magazine called it the "first new civil rights law of the 21st Century."
We look forward to hearing from you at your earliest convenience.
Sincerely,
Dr. Marsha Coleman-Adebayo
Chairperson, NO FEAR Coalition
