FBI Discriminated Against Its Latino Agents, Court Decides : U.S. Judge Finds ‘Pattern’ of Bias in Promotions, Jobs

A federal judge today found the FBI discriminated against Latino agents in promotions and working conditions, often assigning them to tedious wiretaps or pulling them off major cases.

Ruling in a lawsuit brought by most of the agency’s Latino agents, U.S. District Judge Lucius Bunton said in a summary of his opinion, “This court has found a pattern of practice of discrimination in condition of employment and in promotional opportunities as to the plaintiffs’ class.”

However, Bunton did not find that the FBI had retaliated against those involved in the lawsuit, according to the summary, attached to his 97-page opinion.

“We’re very elated,” said Hugo Rodriguez, attorney for the plaintiffs. “We’re very happy.”

Chris Clark, an FBI attorney, had no immediate comment.

‘Disparate Treatment’

Bunton wrote that he agreed with the Latino agents’ claims that they were usually sent to listen to Spanish-language wiretaps, even if there were non-Latino agents available who understood Spanish better.

Noting that wiretaps are a hardship because of long shifts, cramped quarters and long stays away from home, Bunton wrote: “Hispanic agents suffer disparate treatment in the conditions of their employment; and . . . these conditions affect their promotional opportunities in an adverse manner.”

Bunton also agreed with the plaintiffs’ allegations that Latino agents are often called off major cases to work on lesser cases to use their Spanish-language ability, then are not given credit for their work on the cases they were taken away from.

Future Hearings

Bunton wrote that he understood that the FBI needs Spanish-speaking agents because of the war on drugs, but that the need for such agents does not “justify benefit and promotion systems which do not reward Hispanic agents in a manner commensurate with their admitted contribution to the bureau.”

The matter of remedies will be decided in future court hearings, Bunton wrote, adding that it might be sufficient simply to order the FBI to improve its internal discrimination-complaint process and promotion practices and pay Spanish-speaking agents for their special ability.

The lawsuit was filed by El Paso Agent Bernardo (Matt) Perez and 310 other Latino agents, who contended the FBI discriminates against them in promotion, discipline and assignments. They asked for unspecified damages and changes in FBI policies.

Bitter Feud

(Perez’s troubles began while he was administrative assistant agent in charge of the FBI’s Los Angeles office under former Los Angeles FBI head Richard T. Bretzing in 1982. After a bitter feud between the two men, Perez was transferred to the much smaller El Paso office.

(Perez originally filed a racial discrimination complaint against Bretzing, then amended it to include charges of religious bias after the espionage arrest of FBI Agent Richard W. Miller in 1984. Bretzing was a Mormon bishop, while Perez is a Roman Catholic.)

The FBI’s 437 Latino agents make up about 4.5% of the 9,574 agents; Latinos make up about 8% of the general U.S. population.