Introduction: The Board’s OMWI Office Started after a Loss at the D.C. Circuit in 2011
Whenever I read the Report to the Congress on the Office of Minority and Women Inclusion (OMWI), I am reminded of the Artis v. Greenspan case. (I urge prospective and current employees to read the D.C. Circuit case and to search Artis v. Greenspan on the Internet and on this blog.)
On January 11, 2011, the D.C. Circuit issued an opinion that was against the Federal Reserve (Fed or Board) stating that the plaintiffs had presented sufficient information for the Fed’s EEO Office to start an investigation (nearly 2 decades before).
Also on January 11, 2011, the Fed announced that it was creating an Office of Minority and Women Inclusion. The EEO Director, Sheila Clark, who was named in the Artis opinion, was named to lead the OMWI office.
I become irritated reading these OMWI reports because the Board never acknowledges its Jim Crow reality: the agency hates to have black people as employees. It shows in the low performance management program, or PMP, ratings for black employees. The Artis case took 18 years to resolve, largely because of Fed intransigence. In addition, Professor Robert Auerbach wrote a book about the Fed, “Deception and Abuse at the Fed,” in which chapter 8 detailed the Fed’s anti-black stances.
In 2021, the report detailed Chairman Jerome Powell’s reaction to the police-officer killing of Mr. George Floyd. Notably, the Board’s terrible history of racial and sex discrimination was not discussed.
- Artis v. Greenspan/Bernanke/Yellen. An apology and corrective action are due to the former plaintiffs and all former and current black Board employees.
- Diversity Report and the institutional bias to issue lower ratings to black employees.
- Dr. Claudia Sahm’s detailed report of her mistreatment as a Ph.D. economist.
- Sheila Clark was involved in the abuses and the Board is still silent on the systemic discrimination issues at the Board. This alone speaks volumes as to the intent of the Board.
- Sheila Clark provided testimony to the House Financial Services Committee, which was not mentioned in the report. (I wrote a critical post about it.)
- The Board must address the injustice of following “colorblindness” in macroeconomics. The United States is not “colorblind“. The U.S. system favors the white majority population.
While Chairman Powell did more substantive work in the diversity and inclusion area, ultimately it was for issues external to the Board. The Board continues to ignore its own serious problems. For Sheila Clark and ultimately the Board Chairman to submit these reports without a full accounting of Fed’s discriminatory past and present is beyond disgrace.
Unlike in 2020, an analyst can locate the link for the OMWI materials. Notification that the report was issued is missing. I know about it because I have been looking for it. So the Board is still not doing its best to ensure that this report is known like the Board does for its economics-related materials.
Regardless of whoever is the director of OMWI, the one person that is accountable for the diversity and inclusion policies of the Fed is the Board Chairman, who is, at the time of this post, Jerome Powell. Jerome Powell appears to be extremely lax in this area. He has a Presidential commission; Sheila Clark does not.
As a result, Chairman Powell must take the lead and provide directives to make the Fed improve. If a multimillionaire like Chairman Powell cannot get the job done, the situation is hopeless.
Sidebar: Claims that “America Is Not a Racist Country” Are Wicked–Denial of Systematic Discrimination and the Effects on Non-White People
Tim Scott, a Senator from South Carolina had the nerve to proclaim that “America is not a racist country.” Vice President Kamala Harris affirmed Scott’s statement while offering an empty semantic clarification that deflects to individuals that express racial animus (which gives succor to wicked “colorblindness” and systematic discrimination policy).
Both statements are wicked in that the effect of policy to treat Black people as second-class citizens is assigned to people who proclaim white supremacy (the ku klux klan and so on). The corrosive effect of systematic discriminatory policies–such as redlining, highway construction, property deeds, Joe Biden’s 1994 crime bill, and more–are ignored.
At the Federal Reserve, Black people have suffered systematic injustice, as shown in Dr. Robert Auerbach’s book “Deception and Abuse at the Fed,” chapter 8, as well as in the Artis case. Even in recent years, the Fed (and other federal financial agencies) assigns lower performance ratings to Black employees, starting the process of removing these employees from employment. Vice President Harris’s statement does nothing for those who suffer from this cavalier and tolerated discrimination.
As you can see with my blog post, the Fed is exceptionally stubborn in correcting its own anti-Black policies.
(I ignore the word “racist” as it is a nebulous term that people with power can define however they want. Such is the power of white hegemony. The better term is racial abuse, receiving discriminatory treatment based on the color of one’s skin or membership in a minority group in the society.)
The Diversity and Inclusion Activities of the Fed: More Substantive Yet Willfully Ignores Systemic Discrimination within the Board
Chairman Powell commendably did much more tangible and substantive diversity and inclusion work (see page 14 of the report). However, that work was entirely focused on matters external to the Board or on forming committees. Chairman Powell did not mention any work on addressing the Board’s systematic discriminatory policies and practices. This particular time seems to be most relevant for such a discussion.
- The Board decided to re-institute a diversity and inclusion strategic plan.
- The ODI program director (Sheila Clark) provides the Fed Chairman and the governors with regular briefing sessions (page 4 of the report).
- The report states that ODI works with Employee Relations (page 4 of the report). An interested reader must review the fact situation in the Artis case. This particular collaboration is not necessarily for the employee’s benefit.
Moreover, Dorey stated that “her managers discussed her leave requests with human resources and shared personal information with other employees, including Rena Carlton, an employee relations specialist. Dorey also claimed that the Board’s EEO Director, Sheila Clark, and EEO Counselor, Millie Wiggins, discouraged her from filing a previous EEO complaint alleging discrimination in her performance rating.
Artis v. Bernanke, No. 09-5121 (D.C. Cir. 2011), page 12.
Board Hiring and Promotions, 2017-2020 | ||||
2017 | 2018 | 2019 | 2020 | |
Positions filled | 399 | 505 | 499 | 599 |
Interns | 111 | 116 | 128 | 95 |
Positions filled w/o counting interns | 288 | 389 | 371 | 504 |
Total number of Board employees | 2745 | 2773 | 2786 | 2887 |
Percentage of new non-intern hires over total number of employees | 10.5% | 14.0% | 13.3% | 17.5% |
The Chairman did more work in diversity and inclusion in 2020. However, more work is expected on addressing failures specific to the Board, namely the issues uncovered in the Artis case and in the Inspector General’s report from 2015. Until these items are complete, these reports will continue to be below expectations.
Federal Reserve Board, Office of Minority and Women Inclusion, Reports to Congress
(Preface language for the report submitted in 2015.) “Pursuant to section 342(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), the Office of Diversity and Inclusion (ODI) of the Board of Governors of the Federal Reserve System must submit an annual report to the Congress outlining the activities, successes, and challenges of the office. This is the office’s report for calendar year 2014. Sheila Clark serves as the director of ODI.”
Conclusion
With this report, serious concern remains that the Board is not committed to addressing the failures of its past and present. I commend Chairman Powell for a good start; the best outcome is to address, point out, and correct the Board’s systematic discriminatory practices and policies. The experience of the long-running Artis v. Greenspan Bernanke Yellen case casts a profound shadow over the Board for diversity and inclusion issues. It is up to the Board to redeem itself; regrettably, it is still failing.