New Head of TWC's Civil Rights Division

Posted on December 1, 2010 by Tom Crane

The new head of Texas Workforce Commission Civil Rights Division is Jonathan Babiak.  Some readers may remember him as the former head of the appeals division at TWC.  He advised employers last Spring on how to game the system regarding unemployment claims.  See Houston Chronicle report.  Mr. Babiak told employers at a TWC hosted conference in Houston that they could give terminated workers the opportunity to resign.  If an employee resigns, s/he may falsely believe they have no chance to obtain employment benefits.  As Mr. Babiak explained, they will think they are not eligible for benefits and will probably not even file a claim.  I previously wrote about Mr. Babiak here.  He was removed from his position after the flap that followed his advice to employers. 

The agency is called the Texas Workforce Commission.  It used to be called the Texas Employment Commission.  It was never called the Texas Employers' Commission.  It is supposed to be nuetral regarding unemployment claims.  That is because it is the same agency that processes claims and then later hears disputes about unemployment claims.  Mr. Babiak was the head of their appeals division until this past Summer.  

Now, he heads the Civil Rights Division.  The CRD investigates claims of discrimination.  The CRD is the state equivalent of the Equal Employment Opportunity Commission.  I hope he has picked up a little more balance. 

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Civil Rights Enforcement Drops under Bush Administration

Posted on December 3, 2009 by Tom Crane

 Enforcement of civil rights laws fell significantly during the Bush administration, according to a GAO report, as reported in the NY Times.  The non-partisan Government Accountability Office reports, for example, that the DOJ Civil Rights Division had filed 11 cases of sex or race harassment per year during the Clinton years, but only 6 per year during the Bush years.  Political appointees rejected the recommendations of career CRD lawyers to proceed further with cases for no apparent reason, according to the report.  The GAO audit was based on records from 2001-2007.  

The reduction in suits filed is all the more remarkable since EEOC filings have been rising each year for the past 20 years or more.  And, of course, we now know that the Bush administration often hired DOJ lawyers more for their political correctness than for their competence in civil rights. 

The Civil Rights Division is responsible for enforcing the civil rights statutes against state and local governments.  Whereas, the EEOC enforces the employment discrimination statutes against private employers.  Charges against state and local governments are still filed with the EEOC.  When the EEOC investigates a charge against state and local governments and finds evidence of discrimination, the EEOC refers the charge to the CRD for review.  

So, it is very remarkable that that when staff lawyers wanted to investigate a report of voter intimidation by a state government, the supervisor told them they could not contact the state government.  Say what?  That makes no sense.  I cannot imagine investigating harassment by a state government without actually talking to the state government.  That would be like investigating a murder without actually speaking with any of the murder suspects. 

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