October 2014
EXCHANGE NEWSLETTER Anonymity - No More Tanya Ward Jordan
HIGHLIGHTS IN THIS ISSUE: “ALLEGED” DISCRIMINATING OFFICIALS
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VIDEO: CONGRESS EXAMINES THE TREATMENT OF WHISTLEBLOWERS
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FORMER CENSUS EMPLOYEE FILES $6.53 MILLION DOLLAR TORTS CLAIM
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NINE (9) REASONS WHY AGENCIES DISMISS COMPLAINTS
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VIDEO: C4C MEMBERS ADDRESS HOSTILE WORKPLACE CULTURE
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“Darkness cannot drive out darkness; only light can do that.” Martin Luther King, Jr.
The Coalition For Change, Inc. (C4C) asserts more accountability and transparency is required to improve the hostile culture of the federal sector against civil servants who are to uphold the public good. C4C members serve to “shine the light” on federal workplace abuses and the abusers who cost the taxpayers millions each year. Despite the passage of the the Notification and Federal Anti-Discrimination and Retaliation (No FEAR) in 2002, which was to "put the bite into federal employment discrimination" agency officials continue to retaliate against civil servants who expose internal abuses. The (EEOC) reported that public officials continue to engage in retaliation.
Do you know that. . .”non-pecuniary damages” are a monetary award that compensates an individual who was subjected to unlawful employment discrimination for the intangible harm caused by the discrimination. Typically, the Equal Employment Opportunity Commission (EEOC) will require medical evidence of emotional harm to seek damages for such harm in conciliation negotiations. However, evidence of emotional harm may be established by testimony (Gunby v. Pennsylvania Electric Company.) The "plaintiff's own testimony may be solely sufficient to establish humiliation 0r mental distress." Read more at Enforcement Guidance: Compensatory and Punitive Damages.
Veteran and C4C member Mr. Ralph Saunders, who proved Veteran Affairs (VA) officials targeted him for removal after he engaged in “protected EEO activity” says federal officials who break civil rights and whistleblower protection laws should be
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October 2014 exposed and disciplined. Mr. Isaac Decatur agrees. Decatur, a U.S. Navy Veteran and C4C member says - “It’s time to publicly name discriminating officials. Mr. Decatur, was fired from the VA after filing an EEO complaint. Decatur v Shinseki, 0120073404. Like veteran Ralph Saunders, veteran Isaac Decatur proved that VA officials discriminated against him, however, “none of the managers that broke the law were disciplined”, said Decatur.
“ALLEGED” DISCRIMINATING OFFICIALS
Evidence from the Saunders proceedings disclosed that “blacklisting” existed when managers learned of employees filing complaints against them. Notably, in the Saunders v Shinseki, (200L-0629-2004100828), the EEOC found “CH” (Cassandra Holliday) and “JB” (Jeanette Butler) and “LC” (Linda Cosey) were “abusing the rules and retaliating against complainant for his protected activity.” Read more.
AGRICULTURE Case 40-CV-0074-K Joe Leonard Carl Luiz Martin Pearlie Reed Thomas Vilsack Joseph Wathen Lloyd Wright
COMMERCE
Case 1:08-CV-01048-RBW Fred Fanning
HEALTH AND HUMAN SERVICES Case 8:10-cv-00299 Gene Hulen Case 109-cv-00223-CCB Carol Handwerker
COSTING THE TAXPAYERS: Eric A. Raps, Ivan L. Strasfeld and Lyssa E. Hall. Victims of discrimination within U.S. Department of Labor have reached out to C4C and have expressed their support for enhanced accountability and transparency measures to improve federal workforce culture and to save taxpayer dollars. The cases of Schmidt v Solis, Weng v Perez, and Uzlyan v Solis disclose how some U.S. Department of Labor managers repeatedly engage in discriminatory acts. A few of the managers specifically named in employment lawsuits filed in court include Eric A. Raps, Ivan L. Strasfeld and Lyssa E. Hall. Court settlements disclose that the three (3) cases cost taxpayers an estimated
INTERIOR
Case 1:12-cv-00252-RMC Tanya Henderson Andrew Jackson John Ross Diane Smith
VETERANS AFFAIRS Case 109-cv-00337-EGS Martin Wiseman CV-136030 Donna Beiter Lisa K. Holliday
* Listing identifies agency officials cited in an employment discrimination lawsuit in the federal court system. Officials cited may or may not have been found guilty of alleged acts; however cases reflect a failure to
$1.5 million dollars.
resolve claims at the lowest administrative level.
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October 2014
Settlement Finally Brings Justice to Whistleblower: Franz Gayl
CASE HIGHLIGHT
U.S. Marine Corps science advisor Franz Gayl can finally return to work. More than seven (7) years ago he raised concerns about a lack of safe military vehicles in Iraq. Unfortunately, his honest disclosure got him reprimanded and suspended. The U.S. Office of Special Counsel (OSC) recently announced that the Marine Corps and Gayl have settled his whistleblower case. https://osc.gov/News/pr14-16.pdf In 2010, the C4C signed onto a solidarity support letter to end retaliation against Gayl. See more at: http://www.pogo.org/ourwork/letters/2010/wp-wi-20101119.html
Padilla v. U.S. Postal Service EEOC Appeal No. 0120090062 (September 21, 2010) $165,000 Awarded for Discriminatory Hostile Work Environment. In this case the Agency ultimately issued a final decision awarding Complainant $15,000 in nonpecuniary damages. On appeal, the Commission found that the Agency’s award was inadequate. Complainant asserted that he experienced emotional and physical suffering. He stated that he lost custody of his daughter because of testimony at the custody hearing by Agency officials regarding his termination. Complainant also stated that he lost friendships, slept in his car, frequently did not have food, could not afford medical care, and did not have medical insurance. Thus, the Commission concluded that Complainant was entitled to an award of $165,000 in compensatory damages in light of the emotional distress he suffered.
VIDEO: Examining the Administration's Treatment of Whistleblowers CLICK LINK
The Government Oversight and Reform Committee held a hearing on September 9, 2014 examining how Whistleblower Protection laws are ignored or violated. Congress heard from panelists: whistleblowers Robert McLean (formerly with Transportation Security Administration) and Dr. Robert Van Boven (formerly with the Veterans Affairs) Tom Devine (Government Accountability Project), Carol Lerner (Head of the Office of Special Counsel) and Susan Grundmann (Chair-Merit Systems Protection Board).
Liteky v. United States 510 U.S. 540, 555, (1994) An administrative judge’s conduct during the course of a Board proceeding warrants a new adjudication only if the administrative judge’s comments or actions evidence “a deep-seated favoritism or antagonism that would make fair judgment impossible.”
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October 2014 Paula v. SSA 2013 MSPB 6 (1/23/13).
Inside The VA: Money, Murder and Mayhem By Veteran Oliver Mitchell Beginning October 1, 2014 thru the mid-term election of November 2014, comes a new and exciting series called Inside the VA: Money Murder and Mayhem. Straight from the headlines of
The Merit Systems Protection Board Rules in Favor of Retired Employees. MSPB affirmed that retired employees are protected under the Civil Service Due Process Amendments of 1990, 5 USC 7701(j), which provide that an employee's retirement has no impact on the "appealability … of any case involving a removal from the service." Social Security Administration (SSA) claimed that it did not have to restore Paula to duty or pay him back pay, interest or benefits after the Board reversed the removal, finding a violation of the appellant's constitutional due process rights. SSA argued that Paula's retirement was voluntary. SSA was only willing to cancel the removal action and issue a new SF-50 showing that Paula had retired “voluntarily.” The Board disagreed with SSA and found that an appellant who retires in the face of a final removal decision, and whose removal is reversed, is entitled to all the relief he could have received if he had appealed the removal but had not retired," citing Mays v. Dep't of Transportation, 27 F.3d 1577, 1579-81 (Fed. Cir. 1994) CLICK HERE TO READ MORE.
VETERANWHISTLEBLOWER.BLOG.COM -
U.S. POSTAL SERVICE SETTLEMENT An EEOC Administrative Judge has approved a settlement in the Pittman v. USPS Class Complaint in which the complaint alleged discrimination based on disability against a class of employees in permanent rehabilitation positions, on a nation-wide basis. Questions? Contact the EEOC at: 1-800-669-4000 or via email at: info@eeoc.gov Read more at http://www.eeoc.gov/eeoc/litigation/ usps.cfm FORMER CENSUS EMPLOYEE FILES $6.53 MILLION DOLLARS LAWSUIT A former census employee recently filed a $6,530,000.00 lawsuit in US District Court in Greenbelt (Perry v U.S. of America). This Federal Tort Claims Act action (FTCA) seeks money damages in the amount of $6,530,000 against Defendant United States Government for “loss and injury due to negligent acts and omissions, breach of duty with reckless and intentional infliction of emotional distress
with deliberate disregard for Plaintiff’s emotional condition.” The lawsuit states that Commerce officials engaged in conduct that was willful, wanton and vindictive leading to Plaintiff’s constructive retirement/discharge and “C4C - Addressing Racial Inequality and Retaliation in the Federal Workplace” 4
October 2014 years of the accident or injury which gave rise to the claim, but may run from the time when the claimant knew or should have known of the injury.
constructive suspension and signing of a gag agreement document titled EEOC Settlement Agreement. “Ted A. Johnson, one of the persons named in the pending lawsuit has been named in multiple complaints of discrimination over the years,” said C4C’s founder, Tanya Ward Jordan. I personally named him in the first complaint I ever filed after he denied me a promotion and retorted that I was “black and woman”-- it was a time of diversity --haven’t you read the paper?-you have WINNER written across your forehead.” According to Jordan, Ted A. Johnson (who is named in pending Perry lawsuit) once told her and the only other African American female professional reporting to him to find someplace else to work. Both cases settled years ago. The Perry v U.S. of America is now before Judge Theodore David Chuang in Federal District Court, Greenbelt, MD Docket # TDC14CV2862.
MUST READ
I. Preserving Access to the Legal System: Common Errors by Federal Agencies in Dismissing Complaints of Discrimination on Procedural Grounds
Claims Under the Federal Tort Claims Act
One-Third of agency dismissals are reversed and remanded by EEOC. Click link above to read more.
The Federal Tort Claims Act (FTCA) prescribes a uniform procedure for the handling of claims against the United States, for money damages only, on account of damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of a Government employee while acting within the scope of his or her office or employment, under circumstances where the United States, if a private person, would be liable in accordance with the law of the place where the act or omission occurred. A claim against the United States, predicated on a negligent or wrongful act or omission of an employee within the scope of his or her employment, may be filed by the injured person or his or her legal representative using Standard Form 95, Claim for Damage, Injury, or Death. A tort claim must be filed within two (2) years of the date the claim accrued. This generally means that the employer’s counsel must receive the completed claim form within two
II. Exposing Judges’ Unaccountability And Consequent Riskless Wrongdoing This study produced by Dr. Richard Cordero, Esq. shares official statistics, reports, and statements of the Federal Judiciary showing that its judges are “unaccountable and their operation is pervaded by secrecy; consequently, they risklessly do wrong in selfinterest and to people’s detriment, which calls for reform.”
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October 2014
NINE (9) REASONS WHY AGENCIES DISMISS COMPLAINTS 1.
Complaint fails to state a claim.
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Complaint states the same claim that is pending at or has been decided by the agency or EEOC, or is the basis for a matter pending in federal court.
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Complaint was not timely filed. [The complainant did not begin the EEO process timely or the complaint raises a matter that has not been brought to the EEO counselor's attention and is not like or related to counseled matters.
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Complaint has been raised in an appeal to the Merit Systems Protection Board (MSPB) or has been raised in a grievance proceeding that permits allegations of discrimination to be raised.
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Complaint is moot.
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Complaint concerns a preliminary step to the taking of a personnel action, unless it is a claim of retaliation.
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Complainant cannot be located or has not responded to a request for relevant information, and the record does not contain enough information from which the agency could render a decision.
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Complaint is part of a clear pattern of misuse of the EEO process; or
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In September . . . The C4C met with Senator Cardin’s office about the state of the Federal workforce and the reprisal whistleblowers continue to experience.
The C4C participated in a film project about the dysfunctional culture of the federal sector. [Our thanks to veteran John Richardson, who invited C4C’s input and to Ms. Stacey Muhammad, who filmed C4C’s input into the documentary. Ms. Muhammad is the creator of the web series entitled “For Colored Boys.”]
The C4C held a support network teleconference to encourage members and to share information with those who are suffering the pangs of reprisal in the federal sector.
C4C needs your support to spur true CHANGE in the federal workforce to promote equity, fairness and justice for all. C4C is a nonprofit group dedicated to freedom from discrimination, in accordance with Title VII of the Civil Rights Act of 1964. C4C needs financial and volunteer support. You can send donations to:
Complaint alleges dissatisfaction with the processing of a previously filed complaint ("spin-off complaint").
The Coalition For Change, Inc. (C4C) P.O. Box 142, Washington, DC 20044
Source: EEOC –Click to read more.
Or VIA PAYPAL
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October 2014
Addressing A “HOSTILE” Federal Workplace Culture
(Click titles below to read)
SOURCES Ten Commandments to Summary Judgment EEOC Brochure on Retaliation & Reprisal ARTICLES House Approves Bill To Make It Easier to Fire Senior Executives K. Lunney | Sept. 16, 2014| Government Executive - [The Senior Executive Service Accountability Act (H.R. 5169] Paulette Taylor, David Grogan & Arthuretta. Holmes Martin
VA whistleblowers win settlements in retaliation cases from The Washington Post
(VIDEOS--click title below to view)
J. Hicks and D. Fahrenthold |Washington Post
PART 1: Hostile Environments Within Law Enforcement Agencies - A Threat to National Security
Discrimination, Hostile Environment Alleged At FEMA-Employees Say They Need Permission to Use Restroom S. M. Brown | Washington Informer 9/17/2014
Mr. David Grogan, who once served as lead class agent in the race-based class action lawsuit against the U.S. Department of Justice's U.S. Marshal Service, tells of a hostile workplace that is comparable to a "combat zone."
Agencies Are Paying More to Avoid Costly Discrimination Adjudication K. Lunney |G0vernment Executive |9/24/14 2NEWS Investigators find flaws in new Veterans Affairs reform bill M. Carter |KJRH |9/22/14
PART 2: Memorializing Discriminatory Treatment. Ms. Paulette Taylor, who serves as C4C’s Civil Rights Chair as well as a class agent in the EEOC certified race-based class action filed over ten years ago against the U.S. Social Security Administration, gives step-by-step instructions on how to memorialize discriminatory events when faced with such illtreatment in the federal workplace. [Also see – Part 2B.
The Federal Agencies Most Often Accused of Discrimination E. Katz |G0vernment Executive |8/29/14 Attorney general Eric Holder resigns after six years as 'the people's lawyer' CALL TO ACTION
PART 3: Stress, Bullying and a Hostile Federal workplace
Require Police to Report the Number of People They Kill or Injure
Ms. Arthuretta Holmes-Martin, C4C Spiritual and Wellness Chair discusses the ill effects of workplace discrimination and reprisal.
Reinstate Basic Voting Rights Protections Sign the petition: Stop the Federal takeover of the Internet!
*C4C presented at the 2014 Whistleblower Summit on Civil and Human Rights.
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October 2014
SHARING THE WORD C4C’s Greetings Chair ~Terri L. Williams
Have you missed A C4C EXCHANGE newsletter? If so click here.
Greetings C4C Family! I want to share one of my blessings with you! I read the devotional message below before heading off to work the morning of January 25, 2011. Shortly after arriving to work, I was sent home. I was told I had failed a trumped up Performance Improvement Plan (PIP). [Prior to being placed on the PIP, I had filed EEO complaints against my supervisor.] Despite the injustice I suffered, which ultimately included being removed unfairly from my federal job, I continue to read the devotion often. I read it because my FAITH in God is my strength. I hope this devotional will be a blessing to someone else who may be facing workplace injustice. The devotional message continues to bless me.
September Issue Newsletter EXCHANGE
C4C Thanks … Contributing Members Ms. Yolanda Bell Dr. Tiemoko Coulibaly Mr. Isaac Decatur Mr. David Grogan Ms. Arthuretta Holmes-Martin Dr. Keesha Karriem
I have faith beyond all doubt. “If I feel unsure about the direction of my life, I take a deep breath, remembering that faith is my sure foundation. It is the basis upon which I build my life. When the winds of change are blowing and my future is unclear, I remember Jesus' words to his disciples: "If you have faith and do not doubt ... it will be done." I stand on this promise, knowing that I have the strength of God within me. So I not only stand firm in the face of adversity, I move forward with confidence, trusting the faith that emanates from the core of my being to guide, support and encourage me. I am a messenger of God's love and an emissary for the power of faith. All things are possible. If you have faith and do not doubt ... even if you say to this mountain, "Be lifted up and thrown into the sea," it will be done.--Matthew 21:21”
Mr. Brandee McCoy Ms. Regina Murray Mr. Oliver Mitchell Mr. Dennis Moore Mr. Anthony Perry Mr. Chauncey Robinson Ms. Paulette Taylor Ms. Diane Williams Ms. Terri Williams Publishing Editor Tanya Ward Jordan
~Daily Word Magazine January 25, 2011
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