When she began her tenure as chair of the Equal Employment Opportunity
Commission, Cari Dominguez learned quickly about the adversarial relationship
between the agency and corporations.
One of her first acts was to reach out to executives. Rather than respond to
her, they were more likely to ask their lawyers why she was making contact.
"I couldn’t get CEOs to return our phone calls," Dominguez said in an August
28 roundtable with reporters. She stepped down three days later, at the end of
her five-year appointment. Naomi Earp, EEOC vice chair, became chair September
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Dominguez eventually was able to get through to business leaders. She went on
to establish the EEOC Freedom to Compete Awards, which annually highlight best
diversity practices.
"If we don’t have communication at the highest levels, we’re not going to get
as far as we do if we talk to the top-line executives," she says.
The approach, as typified by the awards, appealed to large companies like
McDonald’s. CEO Jim Skinner and three of his company’s high-ranking human
resource executives came to Washington, D.C., this summer to accept an award for
the company’s diversity networks.
"For McDonald’s, today marks a meaningful milestone," Skinner said at a
ceremony at EEOC headquarters.
Dominguez also sent messages to corporate America through enforcement. This
spring, the EEOC voted to emphasize combating systemic discrimination–bias that
occurs across organizations and industries.
"No (employment) decision happens in a vacuum," Dominguez says. "We’re seeing
charges filed against one employer in multiple areas."
Another way of getting the attention of businesses is by pursuing
high-profile cases like the EEOC’s $54 million sexual discrimination settlement
with Morgan Stanley.
Dominguez is proud of "strategic enforcement and litigation," which she says
produced $1.5 billion in recovery for discrimination victims, a record for a
five-year period.
"We need to put our resources in the areas where they will make the biggest
difference," she says.
In an effort to marshal EEOC time and money, Dominguez reduced middle
management and put more field staff in growing regions like Las Vegas. She also
set up a national call center to improve customer service.
But the American Federation of Government Employees asserts that Dominguez’s
reorganization has systematically weakened the agency. It says that the EEOC has
lost 20 percent of its staff and has imposed a hiring freeze since 2001,
contributing to a backlog of 48,000 cases. The agency counters that its
inventory is 39,000 cases. In addition, the union decries Bush administration
efforts to cut EEOC funding by $4 million.
"The things we have seen her do in the name of reform have set the agency
back," says Gabrielle Martin, president of the National Council of EEOC
Locals.
Dominguez disputes that conclusion. "Every metric, every indicator of
performance says the complete opposite of that," she says.
—Mark Schoeff Jr.