FOIA DOCS – Reprisal after EEO activity
Ms. C.... (Whistleblower) made protected disclosures under the No Fear Act because she reasonably believed there were violations in law, rule, or regulation committed by her collaborating/supervisory physician/surgeon. While she made multiple reassignment/transfer requests, in order to protect herself from reprisal while she engaged in EEO activity, she was denied, ignored, and refused the option of relocation by the agency. Instead, she was forced to remain working under the very physician/surgeon who she reported on. Reprisal catapulted into a smear campaign to dismiss Ms. C… after exposing chronic violations by the physician/surgeon. Ms. C…. remained in compliance with VA policies; yet, making disclosures about the blatant violations resulted in almost eight months of reprisal, bullying, gender discrimination, and harassment. Intimidation tactics and discrediting the employee is a method by which the agency coerces the employee to resign. Names and places are redacted. For reader clarification, there are some titles noted in parentheses.
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ReplyDeleteRecap: Direct reprisal after EEO activity: Ms. C…. (Whistleblower) contacted the EEO manager with a plea to relocate due to ongoing bullying, reprisal, discriminatory gender harassment by the physician/surgeon. She was able to contact the EEO because the physician/surgeon was off-site meeting with the Service Chief in another location approximately 2.25 hours north. The Service Chief directly forwarded the EEO Manager’s email the next morning to her colluding advisor, HR/LR employee requesting Ms. C’s….(Whistleblower) dismissal. Evidence of the hostile environment denied by Service Chief will be forthcoming in more FOIA documents on this blog.
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-----Original Message-----
From: B….., …… (Service Chief)
To: R……, ….. (HR/LR)
Sent: Thursday December 18, 2014
Subject: FWD: Assistance Needed
Importance: High
This is out of control.
J….. (physician/surgeon) was here at ……. all day with me. These are false accusations.
I did the fact finding and sent her back to work as I did not find her in a hostile environment.
The mediation is regarding her claim against H…. (Chief of Surgery).
We need to move for removal as this is completely inappropriate by Ms. C….(Whistleblower).
P……, ……… (Service Chief)
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-----Original Message-----
From: W….,…. (EEO Manager)
Sent: Wednesday, December 17, 2014
To: H…,…. (Chief of Surgery); B…..,…. (Service Chief)
Cc: VHA…EEO Office
Subject: Assistance Needed
Importance: High
Good evening,
I am on the phone with the Complainant C….. (Whistleblower) requesting to be moved immediately due to sexual innuendos and hostile work environment from Dr. J….. (physician/surgeon).
Your assistance in addressing the request to work at another facility until the mediation on January 14 would be greatly appreciated to protect all parties and ensure the Veterans are receiving quality service.
Respectfully,
T…..,……. (EEO/ADR/Diversity Manager)
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-----Original Message-----
From: D……., …. (EEO Counselor).
To: C….,….. (Whistleblower)
Cc: T…..,….. (Union Steward)
Sent: Tuesday, November 18, 2014
Subject: RE: Copies of our Meeting 11-12-2014
Excerpt
….In addition, you are protected from reprisal relating to any circumstances and or matters we have discussed......if you believe any is or does occur, please feel free to contact me to address accordingly.
If I can be of any assistance in regards to answering any questions and or concerns you have regarding your matter, feel free to respond to this email and I will contact you due to my above commitments that require me to be out of the office until Thursday....
V/R
C….,….. (EEO Counselor)
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Isn't this breaking the law?
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ReplyDeleteRecap: Ms. C's.... report of a hostile workplace working with J.... (physician/surgeon) is not a matter up to management's interpretation or discretion. Both parties should be separated for their own protections. There was no legitimate policy to support the Agency's denial of a reassignment/relocation request. The Service Chief falsely denies a hostile workplace exists.
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-----Original Message-----
From: B……,…. (Service Chief)
To: R….,…. (HR/LR)
Sent: Friday, January 30, 2015
Subject: FWD: RE: Call
Ugh (Service Chief)
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-----Original Message-----
From: C…. (Whistleblower)
To: B……,…. (Service Chief)
Cc: T….,…. (Union Steward)
Sent: Friday, January 30, 2015
Subject: RE: Call
Hello Dr. B…. (Service Chief),
Briefly before I left yesterday, my union rep asked me to wait on calling and suggested that we all speak together in the near future. I hope that works okay with you. Thanks for your understanding. Hope your day goes well.
Respectfully, C…. (Whistleblower)
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-----Original Message-----
From: T….,…. (Union Steward);
To: R….,…. (HR/LR); B……,…. (Service Chief)
Cc: H….,… (Union); C…. (Whistleblower)
Sent: Thursday, January 29, 2015
Subject: RE: Reassignment update
So what I am reading is as long as management says there is no wrongdoing by supervisors, managers, or those in charge of employees, the atmosphere does not exist and Management will not do anything to improve the work environment of the person telling management is does exist. The victims in-detailed explanation of why they believe a hostile work environment exists as far as management is concerned is dismissed. In the past years, numerous outside investigations have found that very mindset to be incorrect.
The best thing to do here is move the employee out of her existing environment until an outside third party, which is the EEOC investigator, can thoroughly investigate the allegations and make a decision from an unbiased point of view. It is wrong not to improve the work environment for all parties involved in this.
I cannot believe there would be such resistance in doing so. It is so simple to move the affected part and/or parties away from each other and 90% of the problem is solved.
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-----Original Message-----
From: R….,…. (HR/LR)
To: T….,…. (Union Steward); B……,…. (Service Chief)
Cc: H….,… (Union); C…. (Whistleblower)
Sent: Thursday, January 29, 2015
Subject: RE: Reassignment update
Good afternoon, Mr. T….. (Union Steward),
Excerpt
....Ms. C…. (Whistleblower) is still subject to completion of her probationary period that …..ends on 5-5-15.
In response to your second question, a thorough fact finding has been conducted…the supervisor deemed that she could not substantiate the complainant's allegation.... Management has met its obligations in this matter.
Thank you, M….., …… (HR/LR)
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-----Original Message-----
From: T….,…. (Union Steward)
To: B……,…. (Service Chief)
Cc: H….,… (Union); C…. (Whistleblower); R…..,…… (HR/LR)
Sent: Thursday, January 29, 2015
Subject: RE: Reassignment update
Did she work for the VA prior to coming here and wasn't she a transfer?
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-----Original Message-----
From: B…..,…. (Service Chief)
To: T….,…. (Union Steward)
Cc: H….,… (Union); C…. (Whistleblower), R..….,…. (HR/LR)
Sent: Thursday, January 29, 2015
Subject: RE: Reassignment update
She is in probationary status. She may apply to another open job through USA jobs, but reassignment will not be entertained at this time, due to probationary status.
P….,…. (Service Chief)
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-----Original Message-----
From: T….,…. (Union Steward)
To: B……,…. (Service Chief)
Cc: H….,… (Union); C…. (Whistleblower)
Sent: Thursday, January 29, 2015
Subject: Reassignment update
Importance: High
Good day,
I am writing you today to request an update on Ms. C’s….. (Whistleblower) request for a volunteer reassignment.
Respectfully, R……,…. (Union Steward)
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Thought it was against the law to go after an employee who establishes with the EEO? What's the point, doesn't seem to matter to the people in power.
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