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EEOC's racial discrimination record is the worst of any Federal Agency!  EEOC violates the civil rights statutes it is supposed to be enforcing!

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Case 3 - White EEOC Lawyer

Racial Preferences Cost!

In Terry v. Gallegos, EEOC Lawyer Wins Reverse Discrimination Suit Against EEOC!

          Joseph Ray Terry had all the right credentials:  as a lawyer, he had spent many years fighting discrimination against minorities.  His employer, the EEOC, had consistently given Mr. Terry "superior" and "excellent" performance reviews.  But Mr. Terry was white, and he was forced to repeatedly sue the EEOC in order to win a promotion for which he had been applying for over 10 years!

          Mr. Terry is a white, Louisiana-trained lawyer.  In 1984 he submitted his first application within EEOC to become a district director for EEOC.  Over the next 10 years EEOC repeatedly turned Terry down because he is white, and EEOC promoted many "disadvantaged minorites" ahead of Mr. Terry, one of whom did not even have a high school diploma.

Go:  Details of EEOC Reverse Discrimination. Joseph Ray Terry Case:  The specifics EEOC's reverse discrimination against him.

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EEOC Attorney Wins
"Reverse" Discrimination Case
Against the EEOC!

          Joseph Ray Terry works for the EEOC and, according to the EEOC's own personnel records, Mr. Terry is and always has been an eminently well-qualified civil rights attorney who has spent his entire legal career fighting for the rights of minorities.

          Yet Mr. Terry's own bosses at the EEOC have been found guilty of discriminating against him because he is white! 

          Since 1984 Mr. Terry had been repeatedly refused promotion within the EEOC -- and was forced to watch while less-qualifed blacks were promoted ahead of him, some of whom did not even have a high school diploma.  Mr. Terry was ultimately forced to sue his employer -- the Equal Employment Opportunity Commission -- in order to gain his well-deserved promotion.

          Thus, in 1996, after over 10 years of being turned down by EEOC for a promotion because of his skin color (and in spite of his golden credentials and legal qualifications), Mr. Terry was finally awarded his promotion, monetary damages, and compensation for emotional distress. 

          Joseph Ray Terry's case was tried in the U.S. District Court for the Western District of Tennessee in 1996.  Presiding Judge Jon P. McCalla rendered the decision in favor of Mr. Terry at that time.

Sidebar:  Judge McCalla was appointed to the bench in 1992 by the elder Bush (former President George H.W. Bush).  Liberals and other apologists for crimes committed by so-called "disadvantaged" minorities despise Judge McCalla because he has dared to rule against black criminal defendants in spite of their supposed "social disadvantage".  In fact, liberal "civil rights" groups have repeatedly tried to have Judge McCalla impeached.

          The Joseph Ray Terry / EEOC case is one of the rare ones where the EEOC has been forced to acknowledge their pattern of discriminating against non-minority males!

          EEOC is careful not to widely distribute its internal statistics regarding the number of minorities vs. the number of non-minorities hired and promoted within the agency.  But the facts of EEOC's pattern of "reverse discrimination" were clearly revealed during Mr. Terry’s law suit.

          According to the EEOC’s own 1995 annual report, almost 50% of white-collar jobs within the EEOC are held by blacks, even though blacks comprise less than 10% of the civilian work force! Additionally, the percentage of Hispanics employed at the EEOC is 200% higher than the percentage of Hispanics in the civilian work force.  These data are wildly out of line with even the most liberal interpretation of "Race-Based Affirmative Action" which presumes that workers within an agency or employer organization should be represented in proportion to their numbers in the general population.

          In 1996 Memphis U.S. District Judge Jon McCalla ruled that the EEOC had grossly violated the laws it is supposed to defend when it repeatedly refused to promote Joseph Ray Terry to a job for which he was very well qualified.  Mr. Terry is white.

          From 1984 to 1996 Mr. Terry had been passed over for promotion 10 times by less qualified individuals because they were minorities and Terry was not.

          By 1987 Mr. Joseph Ray Terry had already been turned down several times for promotion within EEOC in spite of his sterling credentials and "best" performance reviews.   In 1987 there were 21 district directors at EEOC, 19 of which were minorities, and only 2 of which were white males!

          Joseph Ray Terry had spent his entire professional career fighting for civil rights and protection of the "historically disadvantaged" in our society!  He has credentials, education, experience, and high-level, government-sponsored training.

          Yet the minority candidates who were promoted over Mr. Terry were not nearly as well qualified: one minority individual promoted over Terry did not even have a high school diploma.

          The Court and Judge McCalla also determined that many of the minority candidates promoted over Mr. Terry lacked any or all of: the high-level government training Mr. Terry had; the experience in Civil Rights earned by Mr. Terry; the education and technical skills possessed by Mr. Terry; and/or the glowing "superior" performance reviews Mr. Terry always received from his EEOC bosses! The Judge and the Court examined many dozens of EEOC records and countless pages of witness testimony in arriving at their decision in favor of Joseph Ray Terry’s claim of "reverse" discrimination!

          In 1996, the Judge ordered EEOC to pay Mr. Terry $150,000 in damages, and over $8,000 for stress.  The amount of back-pay awarded to Joseph Ray Terry is not available for publication at this time.  Finally, the Judge ordered the EEOC to promote Mr. Terry to the position of deputy general counsel for which he had been applying.

More Background:  Article Discrimination at the Opportunity Commission (05/19/97 - no link)
          "If the EEOC were a private employer, the racial makeup of its workforce would set off alarm bells," says Clint Bolick, an attorney who worked on the staff of an EEOC commissioner during the eighties and heads the Institute for Justice, a Washington public-interest legal group.  In some cases, the alarm already has sounded.  In May 1996, a white male EEOC attorney in Memphis who had been passed over 10 times for a position in the EEOC's senior executive service won a race-and sex-discrimination lawsuit against the commission.  In a 91-page opinion, a federal district judge ordered the agency to promote the attorney and pay him damages.

          "The agency did not appeal the case of Terry vs. Gallegos, and the plaintiff, Joseph Ray Terry, now is the EEOC's deputy general counsel in its down-town Washington headquarters.

          "Some of the most noted experts on affirmative action with whom Insight spoke claim to be completely unaware of the EEOC's history of discrimination against white males.   Many of those who have intimate knowledge did not wish to speak on the record.   The office of EEOC Chairman Gilbert Casellas would not return telephone calls about the matter.  Nevertheless, court records and the agency's annual report of its workforce statistics support agency critics such as Hans Bader, who litigates reverse-discrimination cases for a Washington public-interest group called the Center for Individual Rights.  Bader likens the EEOC's enforcement of antidiscrimination laws to "the fox guarding the henhouse."  (Quoted from the article "Discrimination at the Opportunity Commission" appearing in the May 19, 1997 issue of Insight Magazine, by writer John Berleau).
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Additional Reading:

See New Head of EEOC Ida L. Castro.  What are her prejudices?  Special report.

See EEOC Declares Ebonics Jokes Illegal (local page) by Eugene Volokh.



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*  We use the term reverse discrimination reluctantly and only because it is so widely understood.  In our opinion there really is only one kind of discrimination.