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

|| >    We’re running our crowdfunding project from January 1 to February 15, 2014. If you want to keep us around, see Help Diplopundit Continue the Chase—Crowdfunding for 2014 via RocketHub  <||


— 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.”

Screen Shot 2014-01-14 at 10.36.20 PM

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.

* * *


Enhanced by Zemanta