Mr. McCray possessed four of those unprocessed claims. After filing an additional grievance for non-selection and a class action complaint to resolve the unprocessed claims, Mr. McCray discovered that USDA had indeed fabricated evidence, backdated a FAD and submitted the fraudulent documents to the EEOC in an effort to unlawfully dispose of his prior claims and eliminate his right to appeal.
In addition to Mr. McCray's case, we have also been contacted by other USDA employees making similar complaints about backdated FADs and/or fabricated evidence in the processing of their EEO claims. By engaging in this conduct, USDA Officials have been routinely engaged in illegal and unethical conduct to deny due process in possibly thousands of EEO cases at the U.S. Department of Agriculture. Unfortunately, this unlawful conduct has been carried over to and coordinated with the EEOC.
Allegations
1. In an effort to reduce and/or eliminate the backlog of over 3,000 unprocessed EEO claims USDA fabricated evidence and backdated Final Agency Decisions (FADs) to avoid discrimination claims and deny appeal rights.
2. In an effort to reduce and/or eliminate the backlog of over 3,000 unprocessed EEO claims USDA submitted fabricated evidence and backdated FADs to the EEOC Office of Federal Operations to deny fair processing of complainant's OFO Appeals.
3. USDA has fabricated evidence in an effort to cover up a timely filed EEO class action complaint alleging 1) denial of due process for thousands of EEO claims and 2) disparate treatment in ADR resolution for African Americans, Hispanics and Women at USDA.
4. Disparate treatment in ADR resolution for African Americans, Hispanics and Women at USDA. The refusal to mediate results in disparate treatment between the processing and resolution of traditional claims of discrimination and "reverse discrimination" (e.g. Shirley Sherrod).
5. In an effort to assist USDA reduce and/or eliminate the backlog of over 3,000 unprocessed EEO claims, the EEOC/Carlton Hadden fabricated evidence and backdated OFO Appeal to avoid USDA discrimination claims and deny due process or the complainant's appeal rights.
Please find this document as an official complaint and request for a formal investigation by the respective OIGs into the enumerated allegations above.
Respectfully,
Matthew Fogg
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