EEOC: RACIST BEHAVIOR ‘RIFE’ IN HOMELAND SECURITY OFFICE IN HAMPTON ROADS

Findings included supervisor calling black, Hispanic employees ‘monkeys’

NORFOLK — The Department of Homeland Security’s investigative office in Hampton Roads is “clearly rife with offensive and racially hostile behavior,” the Equal Employment Opportunity Commission said in a decision obtained by The Virginian-Pilot.

The finding was based, among other things, on a supervisor who called black and Hispanic employees “monkeys” and an agent who had a photo on his phone of a black child in a fried chicken bucket.

The commission has ordered the office to give employees training about race-based harassment, post a notice about the findings and consider disciplining the two responsible.

The decision issued in late July came after a complaint filed by Special Agent Albert Whitney, who is black. But the EEOC ruled Whitney had not been the victim of the discrimination.

“While complainant did not witness the racially insensitive conduct ... substantial record evidence shows that other African-American employees were subject to the conduct based on their race,” said the decision, which added that “employees at the Norfolk Office used racial epithets and engaged in racial stereotyping.”

A spokeswoman for Homeland Security Investigations declined to comment on the EEOC’s decision, citing additional appeals that are pending.

“However, the agency’s lack of comment should not be construed as agreement with or stipulation to any of the allegations,” Carissa Cutrell said in an email.

The HSI office and Whitney’s attorney both are appealing the ruling. HSI argues the EEOC has no authority to order training or posting of findings since it determined Whitney wasn’t discriminated against. And Whitney’s attorney, Neil Bonney, argues he was the victim of the hostile work environment.

Bonney said he brought the commission’s decision to the attention of The Virginian-Pilot in part because of how HSI was

handling the appeal.

“I don’t want them to be able to whitewash it,” he said. “I want them to have to come out and explain why these things are happening.”

HSI, whose local office is in the Norfolk Federal Building downtown, is part of Immigration and Customs Enforcement. It has broad legal authority to investigate a variety of federal crimes that might involve crossing the border, including document fraud, human trafficking, narcotics and weapons smuggling, child pornography and money laundering.

According to the commission’s decision, Whitney, 47, worked for the Department of Homeland Security in Colorado and North Carolina before moving to Hampton Roads in November 2009. He filed the discrimination complaint in June 2011.

Bonney said his client — who specialized in undercover investigations — still works for the department but moved to an office in another state earlier this year.

Whitney complained about several aspects of the Norfolk field office, including some incidents that happened before his arrival. Among other things, he said one of his supervisors made another African-American agent carry a 40-ounce bottle of malt liquor while undercover at a concert in March 2009. He said the same supervisor once made racially charged statements at a private party about two agents — one of whom was African-American and the other Hispanic.

“There comes the two monkeys and their white wives,” the supervisor said, according to the decision. The EEOC ruling does not name the supervisor.

Whitney was not one of the agents at the party, but is married to a white woman as well.

The decision references another incident that happened in March 2011. While two other agents were trying to identify the owner of a cellphone located in an agency vehicle, they found a photo on it of a black baby in a Kentucky Fried Chicken bucket, Whitney said. The agents eventually were able to determine the phone belonged to another agent, who was then verbally counseled about the photo.

Whitney also complained management was slow to approve money in support of his investigations and generally showed no faith in his abilities. He said they provided no assistance when they required him and other agents to relocate their offices from Newport News to Norfolk.

The EEOC’s July ruling was the third one in the case since 2013. Whitney appealed two earlier rulings by an administrative judge, both of which also found he was not the victim of any discrimination.

In an interview, Whitney said he was “surprised and taken aback” when the EEOC determined he was not a victim.

“How could I not be affected?” he asked.

But, he added, he walked away heartened by part of the ruling.

“They at least acknowledged there was discrimination in the office,” he said.