The U.S. federal Senior Executive Service (SES) and gender diversity: would proposed legislation enhancing the representational

The present-day civil service system requires merit-based recruitment and staffing to uphold the public's expectation that career service in the federal government is open to all, free from patronage, and staffed by competent career servants. It is unclear whether a change to the existing selection process of initial appointments to the career SES is needed at this time or whether such a change would increase gender diversity among the career SES. A focus on increasing the representational diversity within the career members of the SES by legislatively mandating a representational diversity requirement for selection panels disregards the broader perspective that diversity encompasses more than representational status. Such a mandate may also result in unintended consequences. For instance, if enacted as currently drafted, the proposed provisions discussed in this Article, may create legal tensions with the existing civil service merit system principles, including creating a perception that future career appointments to the SES are to be quota-based and that current selection processes are inherently faulty.

Although low representation of a particular group is, according to EEOC, indicative of a potential barrier to equal employment opportunity, it is not definitive. Before legislating change to the existing process, it may be beneficial to Congress if either GAO or the CHCO Council undertook further study of the matter. The GAO or the CHCO Council could analyze SES recruitment actions government-wide through a representative sampling of agencies for a specific time period to determine what, if any, underlying causes may impact the rate at which female applicants are selected to join the career SES. Identification of specific causes would then enable agencies to initiate, with specificity, steps to eliminate any identified barriers.

By Martha Crumpacker, DBA and Jill M. Crumpacker, JD, LLM, SPHR

Notes

(1) See generally, PL. No. 9-5-454 (Oct. 13, 1978).

(2) Current Population Survey, Annual Averages, 2007. Retrieved on 09/13/2008, from http://www.catalyst.org/publication/132/us-women-inbusiness.

(3) Annual report on the Federal Workforce. Fiscal Year 2007. The U.S. Equal Employment Opportunity Commission. Available at www.eeoc.gov.

(4) U.S. Government Accountability Office. (2008, April 3). GAO-08-609T. Diversity in the Federal SES and Senior Levels of the US. Postal Service and Processes for Selecting New Executives. Available at www.gao.gov.

(5) H.R.3774, 110th Congress, 2d Sess. (2008, June 3). Senior Executive Service Diversity Assurance Act.

(6) Ibid at Section 4(b)(1)(A), (B), (C).

(7) Remarks of Rep. Danny K. Davis (D-Ill), chairman of the House Subcommittee on Federal workforce, Postal Service, and the District of Columbia. (2007, Oct. 9). Congressional Record, E2090.

(8) 42 U.S.C. [section] 2000e-2(a).

(9) Legislative History of the Equal Employment Opportunity Act of 1972, Congressional Findings, pp.82-86, 421-425.

(10) Ibid.

(11) See supra, Note 1.

(12) Ibid.

(13) Ibid.

(14) Ibid.

(15) Fineman, Michal and Starkman, Jodi. (2006, July-Aug.). "Talent Management: a Strategic Approach to Development and Retention of Key Human Resources." PIHRAScope, pp. 16-20.

(16) Lewis, Robert E. & Heckman, Robert J (June 2006). Talent Management: A Critical Review, Human Resource Management Review, 16(2), 139-154.

(17) Ibid.

(18) See generally, 5 C.F.R. [section] 250.203. Available at https://www.opm.gov/hcaaf_resource_center/22.asp.

(19) EEOC Uniform Guidelines on Employee Selection Procedures. Available at www.eeoc.gov.

(20) 5 U.S.C. [section] 2301.

(21) 5 U.S.C Section 2301(b)(1).

(22) Ibid. at (b)(2).

(23) Pub. L. No. 107-296 (Nov 25, 2002).

(24) See supra, Note 8.

(25) 5 C.F.R. Part 720, Subpart B.

(26) 5 CFR [section] 720.202(a).

(27) See supra, Note 18.

(28) EEO MD-715 (2003, Oct. 1).

(29) Ibid.

(30) Ibid.

(31) Chief Human Capital Officers Council Charter, available at http://www.chcoc.gov/Charter.aspx.

(32) Ibid. See also, Crumpacker, Martha and Crumpacker, Jill M. (2004, Sept). "Elevating, Integrating and Institutionalizing Strategic Human Capital Management in Federal Agencies through the Chief Human Capital Officer (CHCO)," Review of Public Personnel Administration, 24(3), 234-256.

(33) See supra, Note 1.

(34) See 5 U.S.C. [section] 3393(b).

(35) See supra, Note 4.

(36) 5 U.S.C. [section] 3133(e)(1).

(37) See supra, Note 2.

(38) See supra, Note 3.

(39) U.S. Merit Systems Protection Board (1992, Oct.). A Question of Equity--Women and the Glass Ceiling. p. x. Available at www.mspb.gov.

(40) Ibid.

(41) See supra, Note 4.

(42) Federal Equal Opportunity REcruitment Program Fiscal Year 2007 Report, at 41. Available at https://www.opm.gov/About_OPM/Reports/FEORP/index.asp.

(43) See supra, Note 39.

(44) Ibid.

(45) See supra, Note 4 at p. 6.

(46) 5 CFR [section] 317.501(a).

(47) Ibid.

(48) 5 C.F.R. [section] 317.401(a).

(49) See generally, 5 C.F.R. [section] 317.501

(50) 5 C.F.R. [section] 317.501(c)(1).

(51) Ibid. at (c)(4).

(52) Ibid. at (c)(6).

(53) 5 C.F.R. [section] 317.502(a).

(54) Ibid. at (c).

(55) Ibid.

(56) Ibid. See also, OPM website at https://www.opm.gov/ses/recruitment/qrbprocess.asp#role.

(57) H.R. 3774 at Sec. 5(a)(1).

(58) 5 C.F.R [section] 317.402.

(59) See supra, Note 57 at Sec. 5(b)(2).

(60) Ibid at Sec. 4(b)(7).

(61) Ibid at Sec. 4(b)(8).

(62) Ibid at Sec. 4(d).

(63) Losey, Stephen. (2008, April 6). "Lawmakers, OPM Clash Over How to Promote SES Diversity." Retrieved on 08/02/2008 from http://federaltimes.com/index.php?S=3464008.

(64) See supra, at Notes 61 and 62.

(65) See supra, at Note 62.

(66) Crumpacker, Martha, and Crumpacker, Jill M. (2007, Winter). "Succession Planning and Generational Stereotypes: Should HR Consider Age-Based Values and Attitudes a Relevant Factor or a Passing Fad?" Public Personnel Management, 36(4), 349-363.

Martha Crumpacker, DBA

P.O. Box 4006

Topeka, KS 66604

(785) 670-1587

martha.crumpacker@washburn.edu

Jill M. Crumpacker, JD, ELM, SPHR

P.O. Box 150561

Alexandria, VA 22315

(703) 655-3715

jmcrumpacker@aol.com

Martha Crumpacker, DBA, is an associate professor of management at the Washburn University School of Business in Topeka, KS. She teaches or has taught strategic human resources, management, and organizational behavior in the graduate and undergraduate programs. She has also designed and delivered custom training in human resources and management to Fortune 500 companies and public sector organizations. A past contributor to Public Personnel Management, she has also published in a number of other peer-reviewed journals, including the Review of Public Personnel Administration.

Jill M. Crumpacker, JD, LLM, SPHR, is currently the deputy director of human capital management for the U.S. Department of Agriculture in Washington, DC. She previously served as executive director of the U.S. Federal Labor Relations Authority in Washington. She has also served as a staff attorney for a board member of the National Labor Relations Board and as director of employment and training for the Kansas Department of Labor. A past contributor to Public Personnel Management, she has also published in a number of other peer-reviewed journals, including the Review of Public Personnel Administration.

The views and opinions expressed in this article are solely those of the authors and in no way purport to represent an opinion, policy, or position of the Washburn University School of Business, the U.S. government, or the U.S. Department of Agriculture. Nothing in this article should be considered legal advice.

Print Get the Mag Weekly Updates