EPA, under the direction of Administrator Lisa Jackson, has released a redacted version of the Deloitte Consulting LLP Final Report on the Evaluation of the EPA Office of Civil Rights (OCR).
Rosemere Neighborhood Association (RNA) Title VI Complaint and subsequent Settlement Agreement between RNA and EPA of March 2010 figure prominently in the Report (See page 2 of Deloitte Report, link provided below):
This situation has exposed EPA’s Civil Rights programs to significant consequences which have damaged its reputation internally and externally. In the Rosemere Neighborhood Association case regarding the timeliness of a Title VI complaint response, it was found that “OCR’s failure to process the Retaliation Complaint in accordance with the timeline set forth in 40 C.F.R. S7.115(c)(1) constitutes agency action unlawfully withheld pursuant to the Administrative Procedures Act, 5 U.S.C. S706(1).” 5 OCR’s performance has also damaged its reputation within EPA. It was noted repeatedly in interviews with EPA staff and management that OCR has been viewed as an organization that performs poorly and does not offer specialized expertise.
Deloitte’s assessment reveals a bleak accounting of the anti-discrimination processes within the OCR, listing, among others, these issues:
The Office of Civil Rights lacks “the rudiments of organizational infrastructure,” such as established procedures, defined staff duties or the ability to track cases. Its handling of employee complaints “is known for poor investigative quality and a lack of responsiveness”;
Dismally “poor performance” with backlogs and long delays in investigations of discrimination complaints. A review of complaints from EPA employees found that none received a final agency decision on time, with many several months overdue; and
A confused “fire drill mentality has resulted in significant financial and reputational consequences for the Agency” in the form of large cash settlements from botched discrimination investigations.
