CBP officials were more likely to lessen the penalty originally proposed against a supervisor than against a non-supervisor, in 63 percent of cases vs. 50 percent. Image: CBP / Josh Denmark
By: FEDweek StaffA GAO report has found disparities in discipline for alleged misconduct at DHS according to whether the employee was supervisory or non-supervisory, while adding that the department does not gather enough data to judge the reasons for those differences—including for example whether favoritism played a part.
Auditors found that at each of four components examined—CBP, FEMA, USCIS and the Secret Service—“the percentage of cases of alleged misconduct involving a supervisor was higher than the proportion of supervisors in each selected component’s workforce.” For example, at the Secret Service, supervisors represent 19 percent of the employees and are the subject of 28 percent of misconduct cases, while at FEMA the figures are 23 and 27 percent.
However, non-supervisors at all four were more likely to undergo formal disciplinary actions ranging from letters of reprimand to firing. The largest difference was at FEMA, where only 11 percent of supervisors with alleged misconduct were formally disciplined vs. 34 percent of non-supervisors, while the smallest difference was at CBP, 12 vs. 24.
It added that deciding officials in CBP were more likely to lessen the penalty originally proposed against a supervisor than against a non-supervisor, in 63 percent of cases vs. 50 percent. The rates of mitigation were about the same at the Secret Service and USCIS, while FEMA didn’t have sufficient data on that issue.
The GAO said the differences in disciplinary outcomes “may be partially attributable “to factors such as the facts and circumstances of each case, including possible aggravating and mitigating factors, but it could not make an assessment because of shortcomings in the data DHS keeps.
The department has taken steps to standardize data collection and analysis on misconduct in response to a 2019 inspector general report, it said, but the components do not report complete and consistent information to the central HR office on the number of allegations, whether they were substantiated and the disciplinary outcomes, it said.
Union officials told the GAO that “this lack of transparency results in a perception among bargaining unit employees that disciplinary outcomes between supervisors and non-supervisors are inconsistent and inequitable. Specifically, these officials told us they believe supervisors receive favorable treatment and more lenient penalties.”
Management officials in turn told GAO that supervisors “are more likely to be the subjects of misconduct allegations that are not substantiated and warrant taking no action. For example, these officials told us that sometimes employees make an allegation because of interpersonal conflicts with their supervisors.”
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