Hearing of the House Judiciary Committee - Oversight Hearing on the Employment Section of the Civil Rights Division of the U.S. Department of Justice

Interview

Oversight Hearing on the Employment Section of the Civil Rights Division of the U.S. Department of Justice.

REP. ROBERT C. SCOTT (D-VA): Is it Mr. Jordan's turn?

REP. NADLER: He's passed.

REP. SCOTT: Okay, thank you. Thank you --

REP. NADLER: The gentleman is recognized for five minutes.

REP. SCOTT: -- thank you Mr. Chairman.

Mr. Agarwal, is your budget sufficient for you to do your job? Or do you need more money?

MR. AGARWAL: Our budget is sufficient.

REP. SCOTT: So any shortcomings that you have cannot be blamed on Congress failing to appropriately fund your agency.

MR. AGARWAL: We have no funding complaints, Congressman.

REP. SCOTT: Does your office work on discrimination based on military service so that returning Iraqi veterans could look to you for help?

MR. AGARWAL: Absolutely, that falls under USERRA.

REP. SCOTT: Do you find that many National Guard and Reservists are having trouble retaining their jobs under the various laws there to protect them?

MR. AGARWAL: We have seen such instances, yes.

REP. SCOTT: And what have you done?

MR. AGARWAL: When the Department of Labor refers a complaint to us, if they are unable to reach a settlement with the employer, we will then investigate the matter ourselves and bring suit, if appropriate. We have brought 15 lawsuits under USERRA, including the first-ever class action brought by the United States under that statute.

REP. SCOTT: Are any federal agencies guilty of failing to protect the National Guard and Reservists' right to their jobs?

MR. AGARWAL: Congressman, with respect, that issue falls within I believe it's the Office of Special Counsel. The Justice Department Employment Litigation Section does not have jurisdiction to sue other parts of the federal government.

REP. SCOTT: Of 3,200 referrals, are those all government agencies that are found by EEOC to be discriminating?

MR. AGARWAL: Yes, Congressman.

REP. SCOTT: Do you have the discretion to go after private- sector employers?

MR. AGARWAL: Not under Title VII, only under USERRA.

REP. SCOTT: Under USERRA you can go after private-sector employers, pattern and practice or individual cases.

MR. AGARWAL: Class actions are individual cases, yes, sir.

REP. SCOTT: Have you brought pattern and practice cases involving national origin?

MR. AGARWAL: Yes, sir. We've brought four pattern-in-practice cases on behalf of blacks and Hispanics.

REP. SCOTT: If an -- in your own employment practices, could you tell us how many minorities you have who've been hired in the last six years? Do you have that information available? If not right now, could you provide it for us?

MR. AGARWAL: I have that information for the last five fiscal years, Congressman. Within those past five fiscal years, 27 percent of new hires into the division have been minorities. That compares to a national average, as found by the ABA, of only about 9 percent of attorneys who are minorities. So we've managed to triple the average.

REP. SCOTT: And how do you define minorities?

MR. AGARWAL: That's defined by -- there is an ABA study, I believe, from 2004.

REP. SCOTT: Does that include women?

MR. AGARWAL: I don't believe that it does. No.

REP. SCOTT: And what has happened to the 3,200 referrals, minus the handful that you actually pursued -- what happens to the rest of them?

MR. AGARWAL: Those charging parties are sent a letter informing them that they have the right to bring suit on their own by retaining private counsel or a legal aid agency.

REP. SCOTT: What does "legal aid agency" mean?

MR. AGARWAL: Well, if some individuals are unable to afford private counsel we will refer them to a legal aid organization.

REP. SCOTT: Legal Services Corporation?

MR. AGARWAL: Something like that, yes.

REP. SCOTT: And they can bring discrimination cases?

MR. AGARWAL: Yes.

REP. SCOTT: Thank you, Mr. Chairman.

REP. NADLER: I thank the gentleman.

Source