|EEOC Attorney Wins
"Reverse" Discrimination Case
Against the EEOC!
Joseph Ray Terry works for the EEOC and, according to the EEOC's own personnel records,
Mr. Terry is and always has been an eminently well-qualified civil rights attorney who has
spent his entire legal career fighting for the rights of minorities.
Yet Mr. Terry's own bosses at the EEOC have been found guilty of discriminating against
him because he is white!
Since 1984 Mr. Terry had been repeatedly refused promotion within the EEOC -- and was
forced to watch while less-qualifed blacks were promoted ahead of him, some of whom did
not even have a high school diploma. Mr. Terry was ultimately forced to sue his
employer -- the Equal Employment Opportunity Commission -- in order to gain his
Thus, in 1996, after over 10 years of being turned down by EEOC for a promotion because of
his skin color (and in spite of his golden credentials and legal qualifications), Mr.
Terry was finally awarded his promotion, monetary damages, and compensation for emotional
Joseph Ray Terry's case was tried in the U.S. District Court for the Western District of
Tennessee in 1996. Presiding Judge Jon P. McCalla rendered the decision in favor of
Mr. Terry at that time.
McCalla was appointed to the bench in 1992 by the elder Bush (former President George H.W.
Bush). Liberals and other apologists for crimes committed by so-called
"disadvantaged" minorities despise Judge McCalla because he has dared to rule
against black criminal defendants in spite of their supposed "social
disadvantage". In fact, liberal "civil rights" groups have repeatedly
tried to have Judge McCalla impeached.
The Joseph Ray Terry / EEOC case is one of the rare ones where the EEOC has been forced to
acknowledge their pattern of discriminating against non-minority males!
EEOC is careful not to widely distribute its internal statistics regarding the number of
minorities vs. the number of non-minorities hired and promoted within the agency.
But the facts of EEOC's pattern of "reverse discrimination" were clearly
revealed during Mr. Terrys law suit.
According to the EEOCs own 1995 annual report, almost 50% of white-collar jobs
within the EEOC are held by blacks, even though blacks comprise less than 10% of the
civilian work force! Additionally, the percentage of Hispanics employed at the EEOC is
200% higher than the percentage of Hispanics in the civilian work force. These data
are wildly out of line with even the most liberal interpretation of "Race-Based
Affirmative Action" which presumes that workers within an agency or employer
organization should be represented in proportion to their numbers in the general
In 1996 Memphis U.S. District Judge Jon McCalla ruled that the EEOC had grossly violated
the laws it is supposed to defend when it repeatedly refused to promote Joseph Ray Terry
to a job for which he was very well qualified. Mr. Terry is white.
From 1984 to 1996 Mr. Terry had been passed over for promotion 10 times by less qualified
individuals because they were minorities and Terry was not.
By 1987 Mr. Joseph Ray Terry had already been turned down several times for promotion
within EEOC in spite of his sterling credentials and "best" performance reviews.
In 1987 there were 21 district directors at EEOC, 19 of which were minorities, and
only 2 of which were white males!
Joseph Ray Terry had spent his entire professional career fighting for civil rights and
protection of the "historically disadvantaged" in our society! He has
credentials, education, experience, and high-level, government-sponsored training.
Yet the minority candidates who were promoted over Mr. Terry were not nearly as well
qualified: one minority individual promoted over Terry did not even have a high school
The Court and Judge McCalla also determined that many of the minority candidates promoted
over Mr. Terry lacked any or all of: the high-level government training Mr. Terry had; the
experience in Civil Rights earned by Mr. Terry; the education and technical skills
possessed by Mr. Terry; and/or the glowing "superior" performance reviews Mr.
Terry always received from his EEOC bosses! The Judge and the Court examined many dozens
of EEOC records and countless pages of witness testimony in arriving at their decision in
favor of Joseph Ray Terrys claim of "reverse" discrimination!
In 1996, the Judge ordered EEOC to pay Mr. Terry $150,000 in damages, and over $8,000 for
stress. The amount of back-pay awarded to Joseph Ray Terry is not available for
publication at this time. Finally, the Judge ordered the EEOC to promote Mr. Terry
to the position of deputy general counsel for which he had been applying.
More Background: Article Discrimination at the Opportunity Commission (05/19/97 - no
"If the EEOC were a private
employer, the racial makeup of its workforce would set off alarm bells," says Clint
Bolick, an attorney who worked on the staff of an EEOC commissioner during the eighties
and heads the Institute for Justice, a Washington public-interest legal group. In
some cases, the alarm already has sounded. In May 1996, a white male EEOC attorney
in Memphis who had been passed over 10 times for a position in the EEOC's senior executive
service won a race-and sex-discrimination lawsuit against the commission. In a
91-page opinion, a federal district judge ordered the agency to promote the attorney and
pay him damages.
"The agency did not appeal the case of Terry vs. Gallegos, and the plaintiff, Joseph
Ray Terry, now is the EEOC's deputy general counsel in its down-town Washington
"Some of the most noted experts on affirmative action with whom Insight spoke claim
to be completely unaware of the EEOC's history of discrimination against white males.
Many of those who have intimate knowledge did not wish to speak on the record.
The office of EEOC Chairman Gilbert Casellas would not return telephone calls about
the matter. Nevertheless, court records and the agency's annual report of its
workforce statistics support agency critics such as Hans Bader, who litigates
reverse-discrimination cases for a Washington public-interest group called the Center for
Individual Rights. Bader likens the EEOC's enforcement of antidiscrimination laws to
"the fox guarding the henhouse." (Quoted from the article
"Discrimination at the Opportunity Commission" appearing in the May 19, 1997
issue of Insight Magazine, by writer John Berleau).
See New Head of EEOC Ida L. Castro. What are her prejudices? Special
See EEOC Declares Ebonics Jokes Illegal (local page) by Eugene Volokh.