>> to the deputy director for operations. >> so is that in violation of the guidance from eeoc? is that not supposed to be a function that reports directly to the director? >> the eeoc model program definitely recommends that the eo office report directly to the director. >> so why is that not the case with you? >> well, when i came on in 2009, it was actually buried three levels below that. we moved it up to directly report, but i agree with you that i think that it should be moved to report directly to the director of the national park service and that's an action we're going to take. >> what kind of training and management development do your -- does your staff generally routinely get? how do they get informed about the laws? how do they get informed about creating culture that would discourage sexual harassment or any other kind of discrimination? what is it that's done proactively, routinely and sustainably that would help to create a better climate there? >> so when i came on in 2009, i actually created the first program for relevancy, diversity and inclusion in the histor

it requires that eeoc to implement the obama change and provides $1 million to do it. what is the e.e.o. number-one form? it's the employer information report that requires companies to submit information annually about their employees based on race, ethnicity, gender and job category. so it's equal pay, equal work. the form helps identify and prevent discrimination and protects employees' civil rights. in january our president obama announced that companies with over 100 employees -- now remember, this is over 100 employees -- must include compensation data on their e.e.o. number 1 form that would identify the wage gap based on gender ethnicity across regions. this change has been strongly supported by many of us. and i support it. now much is said about the president overreaching. i don't get it. you know, sometimes -- often the president has been criticized on the other side of the aisle for not doing too much, that he's not a leader, that he's not a fighter, that he's not a champion. i take exception to that. i think he is a leader. i think he is a fighter. and i t

>> yes ma'am, i am very familiar with the recommendations of eeoc in terms of a model program and how to implement it. >> who in your organization is responsible for that? >> our associate director of human resources. >> and to whom does that person report. >> to the deputy director of operations. >> is that in violation. is that not supposed to be a function that reports directly to the director. >> that model program, definitely recommend that the eo office report directly to the director. >> why is that not the case for you. >> when i came on in 2009 it was buried three levels below that. we moved it up to directly report but i agree with you that i think it should be moved to report directly to the director of the park services. >> what kind of training and management development does your staff generally and routinely get? out of they get informed about the laws and about creating culture that would discourage sexual harassment or any other kind of discrimination. what is done proactively and routinely and sustainably that would help to create a better climate? >> when i came on

the eeoc wants them to fill in one form per establishment. so if a company has 10 branches, then that's 10 forms. so which really absurd is not just that they're doing it but they are using the paperwork reduction act as a vehicle to do that. >> to add on that point, not to belabor the point, but that regulation that is being proposed at the end of the obama administration to a joint proposal by the eeoc and the department of labor, that is also an idea that has been around for 20 some years. and it had originally a version of it being finalized at the end of the clinton administration when i came into the labor department in the bush administration. we took a look at it. it was not going to be successful in allowing for better enforcement of the part of equal pay at the department of labor deals with. we actually did a very extensive study about it, to see what it could be validated. they could die. we resent it. it we are at the end of another administration and here we go again. but it's, i think it is another example of sort of these issu

the eeoc agrees with us. many federal courts have.he supreme court has not yet ruled about that question. host: let's take some calls. cortez, colorado. you're on with david stacy of the human rights campaign. true that allnot the laws that you pass and try to get done are not going to do anything until you get into the hearts of the human being and remove the hate? is, is not the sole nor a color or anything? there's no such thing as a color when it comes to a soul. look at the question and look at attitudes versus law. guest: thanks carol. attitudes have changed to eliminate forms of discrimination against lgbt people. on the other hand, these laws do make a difference in that they provide recourse to someone if they are discriminated against. if you do get fired from your job, and if you can prove it was because you were gay or transgender, then you get to file a complaint with the eeoc and take her case to court. that is critically important. at the same time, we have had the 1964 civil rights act, protecting people. we still have

over a decade they've field to meet the eeoc requirements. claims can take years on process and the service has consistently failed to maintain a functional program. in the case of grand canyon, it's taken two years for the claims of harassment. two years. we're seeing it's a culture that tolerates sexual harassment and retaliation. failures multiplied by the park services and director jarvis's inability to hold manageable accountable for these transgressions. perhaps most troubling is the service suffers from failure to maintain ethical standards at the highest levels. director jarvis is appearing from us today. he was removed due to his own ethical failures. he failed to get a book deal approved by the ethics office, lied to the skreatd of the interior and afterwards, tried to cover up his tracks. when the person in charge isn't following the rules, we can't expect anybody at the agency as well. something needs to change and it needs to change fast. we can't keep continuing to turn a blind eye to misconduct or discourage employees from repo

for over a decade, the service failed to meet the eeoc requirements. claims can take years to process and services consistently maintain to function in the program. the grand cannon has taken two years to realitate from whistle blowers. we are seeing the disregard for the eeo process shows the failures that are multiplied by the park service. they are not adequately overseeing their contracts also and hopefully we get into that. but they fail to maintain ethical standards at the highest level. jarvis was removed from the ethical forum, and failed to get a book done, and lied to the secretary interior and tried to cover up the track. something needs to change and it needs to change fast. we cannot keep continuing to turn a blind eye to the misconduct or discourage employees from reporting misconduct. it erodes the american face for the government and destroys moral for the vast majority of hard working employees that a bide by the rules and shouldn't have to go to work in a hostile manner. when they don't sense that they will be taken care of it creates

the eeoc has proposed an initiative that the federal government has been tremendously proud to lead on, that is something that will be adopted not only statewide but throughout a number of industries. a number of industries have signed a pledge to do so. that has been tremendously helpful. gathering all of that has invigorated the discussion. it certainly has given me tremendous inspiration. i talked to secretary perez about how we are going to work for people. i talked to secretary castro and king about housing and education and the things you have done over the years, looking at these issues. my predecessor, ag holder wrote to every state governor and asked them to think about collateral consequences of incarceration. i was tremendously proud to write a letter to all the governors during reentry week and say it is a state identification issue. the reentry counsel outlined as a real problem and through a collaborative process the way to do that is one of those things where you think why didn't people think of this before, one of the things once it is up and running is so successful an

the source says gantt filed a similar federal eeoc complaint in 2016. oakland police department has not confirmed that sergeant gantt is on administrative leave or why. in an e-mail statement a spokesperson writes the oakland police department does not discuss or provide details regarding personnel matters and active internal affairs investigations. the motions made in court including one for the personnel records will be heard in juliment. >> i would be asking for records about fabrication of reports, personal authorship of reports, acts of moral turpitude. >> in oakland, melanie woodrow, abc 7 news. >>> coming up at 5:00, you're going to hear from former oakland police chief howard jordan and the concerns he brought up at least two years ago about the department. >>> newly proposed lemg lakes would require prison time for people unconscious or heavily intoxicated. the d.a. introduced the bill today. he said a conviction only requires probation. it would make the defendant ineligible for probation and require a three-year prison sentence which is the c

. >> i would like to note commissioner herat that if congress decides that the eeoc has misinterpreted title ix they are in fact free to make that clear through legislation. as you know we are talking about policy. i cannot recall at the level of popular opinion as a measurement of what we should be doing as a nation. my concern is this. we are in fact created to protect the rights of minorities. in a democracy, those loadable minorities are unable to protect themselves. i would say this is very much a case of this. popularhat in fact opinion may catch up. there was once a time when popular opinion was against -- interracial marriage was for the interment of my parents, even though they were citizens. popular opinion does not always serve the world. >> any other commissioners with comments? madame advice chair and then the vice chair in the new commissioner. >> yes mr. chair, simply want to add to the discussion, the fact that the action that we are considering taking is appropriate and consistent with our role as a watchdog. again, it is appropriate for us to be having this conversati

could you go to the eeoc, the employee -- equal opportunity commission, on energy. just yesterday he could actually find himself in another position with this, the fracking rules that the president put forward that was rebuffed by a district judge in wyoming yesterday. so a lot of things at times in administration, you get two terms, the first term you spend trying to fwet through legislation and the second term you spend it solidifying it by depending it in court. >> that anger that this look on his face, the way he presented it, is it because merritt garland isn't the ninth supreme court justice? or is it theater. >> it's the tone of casual sp r superiority, it's like, getting turned down on a prom date. like your loss. it's your loss and you will see when i am emerge victorious, he always casts himself as the thoughtful sage that bear those responsibility to the consequences. >> or the constitution. >> or the process. >> he overstepped it. >> it's very hard to take him seriously when for the last eight years, identity has trumped security. we're all for hard work

discussed with our hr, that i believe that in order to really meet the standards expected of us in eeoc and particularly in light of these new issues that have come out that clearly there is the potential for sexual harassment to occur in other pockets in the national park service i think the eo office needs to report directly to me and to meet the standards which are regular reporting to me and to the leadership, having add rvocates that represent the gediversity the nation and a regular understanding at the senior leadership about these issues. so i think there's change afoot. >> may i just bring something to -- >> sure go ahead. >> of the report that was submitted on 4/20/15 indicates that each region has an eeo manager that reports to a regional director and that the o director is under the third level reporting structure. so i think that maybe there's a lack of communication within your organization as to who reports where, which is sort of a red flag that we have some serious problems with accountability and responsibility there. thank you, mr. chairman. i yield back. >> now recog

so out of that, the eeoc has proposed the band the box initiative as a best practice and something that the federal government has been tremendously proud to lead on in this and we hope that that will be something that will be adopted not only statewide but also throughout a number of industries. a number of industries have signed the pledge to do so. that has been tremendously helpful. so gathering all of that thought has really invigorated the discussion. it certainly has given me tremendous inspiration when i talk to sec. perez about how we are going to get worked up and running for people and i talked to sec. castro and king about education. also looking at some of the things you've done over the years, looking at these issues, my predecessor wrote to every state governor and asked them to think about the collateral consequences of incarceration. i was most tremendously proud to write a letter to all the governors during reentry week and focus on the state identification issue. that's one of the things that the reentry counsel outlined as a real problem. again, through this collabor

the service failed to meet the eeoc requirements. claims can take years to process and the service is consistently maintained with the eeo program. it took more than two year from the whistle blower who is reported harassment. two years. we are seeing how a disregard for the process leads to a culture that tolerates sexual harassment and retaliation. they are multiflied and they are held accountable. they are due to their own ethical failures. or courage them from employee misconduct. they are going to watch out for. they have lack of plans. inconsistency. we appreciate the witnesses for being here and i yield back my time. i yield back for his opening statement. >> thank you very much. today's hearing involved they have the national park service. unfortunately spanning several years. they issued many of the reports and we will be discussing today. the inspector general's office has identified an instance of contracts and the denver service center. the unauthorized purchase of automatic weapons at the improper reserve at yellowstone

as to issues related to equal pay in particular, the eeoc come we only see about 3% of our charges a year are related to equal pay claims. there's a whole host of reasons for that but one of them is what you touch on. part of what i think will make women feel more empowered to discuss pay is a discussion that is going on. and the fact, that's what i said at the beginning of lot of what is being discussed now, a lot of the ideas being suggested at the state level, some of them are good ideas, some of them are probably a little extreme, but the fact that there's such engagement on the issue i think in and of itself is one part of legislation is one part, the overall social discussion, the inability of that to take place via social media now, the difference between now and 10 years ago is tremendous. and that would make a difference. the more people are engaged on it, and also and again i commend sabrina and her group, the more that center-right conservatives think he women are engaged on it as well, i think makes a big contribution. contribution. >> i would just add i think it's fascin

so out of that, the eeoc has proposed the band the box initiative as a best practice and something that the federal government has been tremendously proud to lead on in this and we hope that that will be something that will be adopted not only statewide but also throughout a number of industries. a number of industries have signed the pledge to do so. that has been tremendously helpful. so gathering all of that thought has really invigorated the discussion. it certainly has given me tremendous inspiration when i talk to sec. perez about how we are going to get worked up and running for people and i talked to sec. castro and king about education. also looking at some of the things you've done over the years, looking at these issues, my predecessor wrote to every state governor and asked them to think about the collateral consequences of incarceration. i was most tremendously proud to write a letter to all the governors during reentry week and focus on the state identification issue. that's one of the things that the reentry counsel outlined as a real problem. again, through this collabor

. --- when we reached out to prepare for the hearing we reached out to the federal eeoc which handlessexual harassment complaint in their work but they have no data on this, not because they think it's not happening but because people are so vulnerable and afraid they are not getting the reporting process. we need to make sure people are aware of their rights and know how to report the matter. --- obviously strengthening worker ties to community organization or unions. like mujer activa. so thorganizations that elevate so they can protect their own rights.--- supervisor -- has created a task force to look at sexual assault on campuses. i'm happy to answer any questions. >> supervisor breed: i have one question. i know that you have specific recommendations for employees. how does that translate to contractors? >> i think making sure that the contractors are getting trained in their obligations. and making sure that they are providing that training to the people who work for them. >> supervisor breed: but it is not necessarily mandatory. >> well, there is mandatory sexual assault train

. >> i would like to note commissioner herat that if congress decides that the eeoc has misinterpreted title ix they are in fact free to make that clear through legislation. as you know we are talking about policy. .. >> interracial marriage was for segregation and popular opinion oh unfortunately does not always serve the moral and human rights imperative. >> any other commissioners with comments? madame advice chair and then the vice chair in the new commissioner. >> yes mr. chair, simply want want to add to the discussion, the fact that the action that we are considering taking is appropriate and consistent with our role as a watchdog. again, it is appropriate for us to be having this conversation. >> commissioner cruz. >> thank you mr. chair. i concur with what the commissioner had to say and specifically with respect to the actions of ocr b&o wholesale with the powers of congress. also, i would note that the ocr guidance actually is discrimination. if you think about, the issue of gender identity determines which bathroom you use. this is incoherent when you think of title ix and