Last week I won an award for Federal Employee of the Year in Albuquerque. It was a great surprise, there was a luncheon banquet complete with a six-member color guard and a tape-recorded National Anthem, etc. All very patriotic and meaningful. And I thought, "How far I have come from my desperate job search a year and a half ago." But the sad subtext in my head was something I've been grappling with for the last month: a recent court decision regarding the Department of the Interior's Indian Preference hiring policy.
In case you didn't know, Indian Preference (IP) is a policy established in the 1930's that says if an Indian person is minimally qualified for a federal job within certain agencies in the Department of the Interior, such as the Bureau of Indian Affairs, then that person will be considered for the position to the exclusion of anyone else. It effectively populates all affected positions with Indian People, rightly or wrongly. The original legislation was written by a congressman who determined that only Indian People are able to provide good service to Indian People because of their inherent understanding of the issues and experience of their constituency. In the years since, IP has been consistently upheld, despite numerous claims that it preempts civil rights for non-Indians within the Department. The policy has been implemented primarily for the Bureau of Indian Affairs, where virtually every employee is directly serving the interests of Indian People. But implementation of the policy at other DOI agencies, such as my own, has been made on a job-by-job basis by the hiring authority. In my case, obviously, my position was non-IP, otherwise I simply would not have been considered for the position.
Last month, a federal judge issued a decision that stated, "
Any position within the Department of the Interior which primarily serves Indian People shall be an IP position." Although no final decision has been made by DOI as to exactly which positions fit this description, it is commonly believed that every position within my own agency, which provides trust services to Indian People and tribal governments, will become IP.
Now, it's unlikely I would be asked to vacate my position, although some of my Indian co-workers have joked that I might be getting a "Honky buyout." The more likely scenario is that, as non-IP positions are vacated, they will become IP positions and, little by little, all non-Indians will be replaced by Indian People at my agency.
I could go into a long discussion here about the relative benefits of the policy - do I think that Indian People, by virtue of being Indian, are more capable of and vested in doing a great job for my agency than non-Indian People? In a word, no. But that's for another post.
What does this new court decision mean for me? Well, it effectively shuts the door to any possibility of promotion or advancement within my agency. And this is not a comfortable situation. I accepted a secretarial position here (and was damned happy to be offered it) because I wanted to get my foot back in the pond of federal service after a 10-year sabbatical, and I thought it would be an opportunity to reestablish myself as a high-functioning, contributing member of the federal family - and in so doing, have opportunity to advance.
Well, that is no longer a possibility for me.
It's an odd feeling. Everywhere I've worked, particularly at the Department of Justice, the mucky-mucks saw my potential and pretty much fell over themselves opening doors for me. And I climbed the ladder - dramatically. I started as a clerk-typist, and in less than 10 years I moved up - to legal clerk, secretary, paralegal specialist, victim-witness assistant, executive assistant, and finally manager of high-profile community programs. In federalese, I moved from a GS-3 to a GS-13, an unlikely achievement. When I took my present job, I "down-graded" (more federalese) to a GS-8, but figured it was only a matter of time before I had a chance to move up.
So if that isn't a possibility now, what do I do? Can I sit in my current position, effectively dead-ended, for another 10 years (which is when I'm eligible to retire), and not become filled with frustration and resentment? Granted, I'm the recipient of much praise and appreciation - even great big awards, fergawdsake - but is that enough to mollify and comfort me sufficient to settle? Or will I need to jump back into the job search pool and start looking for another position at a federal agency that will afford me the opportunity to advance?
That's what was swirling in my head all the while I ate grilled salmon, recited the Pledge of Allegiance, and experienced a Mark Spitz moment when a medal on a red, white and blue ribbon was placed around my neck.