Howard v. Kerry: USCG Naples EEO Case Now a Civil Lawsuit in Federal Court

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— Domani Spero

Kerry Howard’s allegations against the former Consul General in Naples made the news last year (see NYPost – State Department swept sex scandals under the rug and Whistleblower accuses consul general of trysts with subordinates and hookers).

Kerry Howard’s LinkedIn profile indicates that she has been in Naples, Italy since January 2008.  The court document also says that she is the spouse of an FSO who was employed as Consulate General Naples’ Community Liaison Officer from February 2010 to May 2012.  Ms. Howard has now filed a lawsuit against Secretary of State John Kerry in the Eastern District of New York (Case 2:14-cv-00194-ADS-AKT):

“Title VII of the Civil Rights Act of 1964 forbids employment discrimination based on race, color, religion,  sex or national origin. (42 USC 2000e-2(a)  and its anti retaliation provision forbids discrimination against an employee or job applicant who inter alia has “made a charge,  assisted or participated in a Title VII proceeding or investigation. Section 2000e-3(a)

An employer which creates or tolerates a work environment  permeated with discriminatory intimidation,  ridicule and insult that is sufficiently severe or pervasive to alter the terms and conditions of an individual’s employment and which creates an abusive work environment is in violation of Title VII.”

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The NYPost currently has a screaming headline that runs, American diplomat ran consulate like party pad: suit. The report says that the official “has since been reassigned from the Italian post to a position at the Air War College in Montgomery, Alabama, which is also administered by the State Department.” Huh?

While the lawsuit is against Secretary Kerry as head of the agency, if this go to trial, there presumably will be a long list of witnesses from the who’s who at USCG Naples and US Embassy Rome a the time when this incident is alleged to have occured.  The court filing includes the names and positions of several officers in Naples, Rome and the State Department, including the then Deputy Chief of Mission in Rome, the then FLO director, and an FS couple who was alleged to have been “blacklisted” for services at post and alleged to have been subsequently “involuntarily curtailed” from Naples.

Remember last summer’s CBS scoop on allegations by OIG investigator Aurelia Fedenisn over interference of politically delicate investigations at the State Department?  According to NYT,   that report became public as a result of  … that’s right, another civil suit, this one filed in 2011 by Richard P. Higbie, a diplomatic security agent who accused the State Department of blocking his career. “His lawyers sought the department’s internal documents after Aurelia Fedenisn, a former investigator who worked on the inspector general’s report, complained that the final draft had been toned down.”   We can’t imagine what stuff will come out of this case which includes allegation that the State Department “indifference” to a senior official’s misconduct  “gave consent to the creation of working conditions for women which could be so difficult, unpleasant or intolerable that a reasonable person would feel compelled to resign.”  

In a 19-page complaint demanding jury trial, Ms. Howard asks for reinstatement, full value of compensation and provide the retroactive benefits including those incident to full year service rights to other government positions she would have received had she not been the victim of unlawful discrimination,” compensatory and liquidated damages in the amount of $300,000, and the costs and expenses of litigation including reasonable attorney’s fees and witness fees.

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US Embassy Colombo Tweets Photo, Protesters Show Up

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— Domani Spero

On January 12, The US Embassy in Colombo, Sri Lanka released a statement about US Ambassador at-Large for War Crimes Stephan J. Rapp’s visit to the country:

Ambassador Stephen J. Rapp visited Sri Lanka from January 6-11 to meet with government and political leaders, civil society, and to tour former conflict zones.  He heard about the progress made since the conflict, but also the Sri Lankan people’s continuing desire for reconciliation, justice and accountability.

During Ambassador Rapp’s discussions, he listened to eyewitness accounts about serious human rights abuses and violations of international humanitarian law, including those that occurred at the end of the war. In that context the government of the United States encourages the government of Sri Lanka to seek the truth through independent and credible investigations, and where relevant, have prosecutions.

Below is the photo that the Embassy Colombo tweeted of  Ambassador Rapp  with US Ambassador to Sri Lanka Michele Sison visiting St. Anthony’s ground near Putumatalan last week.  We hope we won’t hear this week that this is a “rogue” tweet.

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Ambassador Sisson and Stephan J. Rapp, US Ambassador at-Large for War Crimes, at St. Anthony’s ground near Putumatalan in Puthukkudiyirippu, northern Sri Lanka

The photo above is reportedly the site where the Sri Lankan army killed hundreds of families towards the end of the civil war in 2009. Last Thursday, protesters in Colombo marched to the U.S. Embassy. Sri Lankan External Affairs Minister Prof.G.L.Peiris had also protested over the “unconventional news leads.”

Read more Fury in Sri Lanka at US Embassy Tweet on Killing of Tamils via NYT. From 2009, via CSM — How will Sri Lanka reconcile after a bitter war?

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