Feldman Memos Cover Discrimination and Harassment at CPSC

CPSC publicly posted two February 26 memos to staff against harassment and employment discrimination. The memos from Acting Chairman Peter Feldman stress such activities can be illegal, especially when involving race, color, religion, sex, national origin, 40+ age, disability, genetics, family medical history, and pregnancy accommodations.

The memos do not mention LGBTQ statuses, but three 2020 Supreme Court cases deemed sex-based employment protections in the Civil Rights Act to include sexual orientation and gender identity. On the other hand, a January executive order (bit.ly/4kpZ4Cm) asserted the executive branch recognizes only two "immutable" sexes, forbade agencies from stating otherwise, including internally, and banned agencies from using the word gender for such distinctions.

Feldman's anti-harassment memo (bit.ly/4ioRvtM) states that covered activities "will not be tolerated" including "hostile or demeaning remarks of a sexual nature." The employment discrimination memo (bit.ly/3F1HioN) includes:

"CPSC continually seeks to attract, develop, and retain a highly skilled workforce that delivers results. I am personally committed to ensuring a qualified agency workforce that represents our nation. It is important to me that CPSC is an environment where collaboration, innovation, flexibility, and fairness is present throughout the agency and all individuals can participate and contribute innovatively and enthusiastically."

"We must all work together to demonstrate fairness, cooperation, and respect towards our colleagues and stakeholders. Each of us is responsible for creating an environment where we treat everyone with respect, dignity and professionalism."

In January (PSL, 2/3/25), Feldman announced he was terminating certain activities and contracts deemed to fall under an anti-DEI executive order, but he said he lacked unilateral authority to remove affected items from guiding documents like the strategic plan, operating plan, and budget request. He directed preparation of a ballot for doing so.

The anti-DEI executive order (bit.ly/41shZ6O) dictated that agencies end programs and staffing positions falling under "diversity, equity, and inclusion (DEI)," "diversity, equity, inclusion, and accessibility (DEIA)," and "environmental justice." It did not define what should be excluded beyond using adjectives like illegal, immoral, and discriminatory.

The three 2020 Supreme Court cases were Bostock v Clayton County; R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission; and Altitude Express, Inc. v. Zarda.