Posted: 1:56 pm PT
Posted: 1:56 pm PT
Posted: 12:33 am ET
At the time of events giving rise to this complaint, Complainant worked as a Foreign Affairs Officer, GS-11 at the Agency’s Office of Intelligence and Threat Analysis, Bureau of Diplomatic Security facility in Rosslyn, Virginia. Complainant was terminated during her two-year probationary period, effective November 25, 2013. Management indicated that after a very good start, Complainant’s work product deteriorated in that her written articles required substantial editing. Complainant was advised to take basic writing and analysis courses to help correct her deficiencies. Complainant maintained that management’s comments about her writing were unsupported as the complaints she received were arbitrary and style comments and not comments regarding substance. On June 13, 2013, Complainant and a Special Agent had a disagreement when Complainant made a comment about Special Agents and he took offense. He yelled and cursed at Complainant while she was at her desk. Complainant indicated that she felt threatened because he had his gun on his waist. Following this argument, the Special Agent reported the incident to management. Management informed the Special Agent that his conduct was not acceptable. Management also spoke with Complainant, and the two apologized to each other. Therefore, management believed that the incident was over. Two days later, the Special Agent was made the team leader of Complainant’s unit. Complainant believed that, based on the verbal assault, his promotion was in retaliation against her. Complainant also maintained that after she filed her EEO complaint management engaged in other conduct which ultimately led to her termination.
On August 16, 2013, Complainant filed an EEO complaint alleging that the Agency discriminated against her on the basis of reprisal for prior protected EEO activity under Title VII of the Civil Rights Act of 1964 when:
1. On July 15, 2013, her portfolio responsibilities for Turkey were removed;
2. On July 31 and August 5, 2013, her requests for training were denied;
3. On August 1, 2013, she received a negative memorandum that served as her mid-year review regarding her performance;
4. On August 6, 2013, she was reassigned to the DS/Public Affairs Office;
5. On August 8, 2013, management informed her that her SCI security clearance and partial building access would be removed; and
6. Effective November 25, 2013, she was terminated from Employment.
At the conclusion of the investigation, the Agency provided Complainant with a copy of the report of investigation and notice of her right to request a hearing before an Equal Employment Opportunity Commission Administrative Judge. When Complainant did not request a hearing within the time frame provided in 29 C.F.R. § 1614.108(f), the Agency issued a final decision pursuant to 29 C.F.R. § 1614.110(b). The decision concluded that Complainant failed to prove that the Agency subjected her to reprisal as alleged.
Specifically, the Agency determined that even if it assumed Complainant established a prima facie case of reprisal, there were legitimate, nondiscriminatory reasons for its actions.
Accordingly, the Agency’s FAD which found that Complainant did not demonstrate that she was subjected to reprisal is AFFIRMED.
To show pretext, Complainant argued that reprisal was a factor in Management’s action in Claim 1 because her portfolio was changed after she informed management of her intent to file an EEO complaint regarding the Special Agent incident. With respect to Claims 2 – 6, Complainant asserted that the manner in which she was treated with regard to training, her performance review, her detail, her security clearance and her termination was in retaliation for her initiation of an EEO complaint. The FAD found that Complainant’s subjective beliefs, without any evidence to support those beliefs were not evidence of pretext. No evidence in the record supported Complainant’s claim that any of the described actions were taken due to her EEO activity. According to the Agency, the record strongly supported management’s account of the events. Therefore, the Agency found that Complainant could not meet her burden of proving by a preponderance of the evidence that management’s reasons were untrue or unworthy of credence.
CONTENTIONS ON APPEAL
On appeal, Complainant reiterates her contention that two days after she reported the verbal assault by the Special Agent, he became her team leader, which she believes was undoubtedly an act of retaliation. Complainant maintains that on July 1, 2013, she reported to management that her working conditions were intolerable and that she was contacting the EEO office. Complainant also indicates that after she filed her complaint all adverse performance related issues were documented. On July 15, 2013, she maintains that she received an Unacceptable Performance Memorandum, indicating that her writing style was too academic. Complainant contends that she was held to a higher standard than needed and that in order to keep her job she needed only to get a fully successful rating, not an outstanding. Complainant also asserts that she should have been placed on a PIP before she was removed. Finally, Complainant maintained that work was late only when the Agency had not properly staffed the unit and she was there in the unit alone doing the work of three people. Complainant again asserts that in retaliation for her EEO complaint she was terminated on November 25, 2013.
In response, the Agency requests that the FAD be affirmed as Complainant did not show that the Agency erred in finding that she did not prove her case.
ANALYSIS AND FINDINGS
Based on a thorough review of the record and the contentions on appeal, including those not specifically addressed herein, we find that even if we assume arguendo that Complainant established a prima facie case of reprisal, the Agency articulated legitimate, nondiscriminatory reasons for its actions as addressed above. To show pretext, Complainant, among other things, maintained that the comments made about her written work product were arbitrary and concerned matters of style. She maintained that after she filed her EEO complaint criticisms about her work product increased. We find however, that the record supports the Agency’s position that Complainant was repeatedly spoken to regarding her work product and she did not conform to management’s concerns.
With respect to Complainant’s arguments on appeal, we find that other than her conclusory statements she has not provided persuasive evidence that she was subjected to reprisal. Complainant asserts that the Special Agent that assaulted her verbally was promoted to the team leader in order to retaliate against her. Notwithstanding the lack of evidence to support this contention, we note that the record indicates that the Special Agent never took the position. Complainant also maintained that if there were real concerns about her work that she should have been placed on a PIP. We find however that the Agency adequately explained that probationary employees do not have access to the PIP program. Finally, Complainant also maintained that due to a lack of staff on several occasions she was left alone and during those times she needed to request extensions for her work. While this may be true, we find that Complainant did not show how this was related to her claim of reprisal. Complainant acknowledged that she was left alone because her coworkers got off work at an earlier time than she did. With regard to Complainant’s termination during her probationary period, the Commission has long held that an Agency has broad discretion in terminating an employee during their probationary period as long as it is not for discriminatory reasons. In the instant case, we find no persuasive evidence of a discriminatory motivation.
Accordingly, the Agency’s FAD which found that Complainant did not demonstrate that she was subjected to reprisal is AFFIRMED.
Read in full here.
Posted: 12:26 am ET
Updated: 1:09 pm ET
We understand that the State Department did not/did not put US Mission Somalia on ordered departure. This explains the absence of a new Travel Warning. Our understanding is that the post directive was for embassy U.S. citizen employees to depart, and not all American citizens. It looks like the U.S. Ambassador to Somalia is based in Kenya, so we don’t even know how many U.S. and local embassy staffers are actually in Mogadishu. When we asked US Mission Somalia whether there is an updated Travel Warning, we were directed to its security message of November 4 with a link to the January 11, 2017 Travel Warning, which specifically notes that “There is no U.S. embassy presence in Somalia.” The most recent Travel Warning for Somalia is actually dated August 3, 2017 which similarly notes the absence of U.S. embassy presence in Somalia. So who were actually directed to depart? Can post “direct” the departure of just embassy employees without triggering an update in Travel Warning? Wouldn’t that run afoul of the “no double standard” policy? Is this a case of folks just not knowing what they’re doing? Other missions in the past have restricted travels of staff members from various parts of their host countries citing “no-go” or red zones where employees are not allowed to go. But U.S. Mission Somalia uses the words “direct” implying a directive and “non-essential” which is usually used in reference to evacuations.
In May this year, we blogged that the @StateDept Plans to Build a “Somalia Interim Facility” in Mogadishu For $85-$125M. Also see D/SecState Blinken Swears in Stephen Schwartz, First U.S.Ambassador to Somalia in 25 Years.
On November 4, U.S. Mission Somalia announced that it has directed “its non-essential (sic) U.S. citizen employees” to depart Mogadishu until further notice due to specific threat information against U.S. personnel on the Mogadishu International Airport. The order came a day after AFRICOM announced that it conducted air strikes against ISIS in northeastern Somalia.
The directive for personnel to go on authorized or ordered departure has to come from the State Department. Also U.S. Mission-Somalia’s original tweet says it directs “all non-essential U.S. citizen employees”; note that the corrected one says it directs “its non-essential U.S. citizen employees.” Who does that exclude? Everyone not under Chief of Mission authority? But all agencies fall under COM authority with the exception of those under the authority of combatant commanders, or has that changed?
We don’t know how many State Department U.S. citizen employees are actually in Mogadishu but the solicitation back in May to pre-qualify firms for design-build construction services for the construction of a Somalia Interim Facility in Mogadishu referred to a “20- acre site located on the Mogadishu International Airport (MIA) Compound” with “currently” three firms working on the compound: Bancroft Global Development, RA International, and SKA Group.
As far as we can tell, no updated Travel Warning had been released reflecting the departure of “non-essential” employees from Somalia. And folks, if you keep calling evacuated employees “non-essential”, we’re going to start wondering what were they doing there in the first place if they were not essential.
— U.S. Mission-Somalia (@US2SOMALIA) November 4, 2017
— U.S. Mission-Somalia (@US2SOMALIA) November 3, 2017
Posted: 12:24 am ET
A report from devex in late October says that 97 foreign service applicants who were already in the U.S. Agency for International Development’s pre-employment process received emails informing them that the positions they applied for no longer exist.
This is the latest round of cancellation emails that have been sent to USAID job applicants as a hiring freeze continues at the agency, the official said.
“Thank you for your interest in a position with US Agency for International Development (USAID). We appreciate the time and effort you committed to pursuing a career with USAID throughout the Agency’s multi‐step application process,” read the email, which Devex obtained.
“After careful deliberation, the Human Capital and Talent Management (HCTM) has determined that given the current staffing needs of the Agency the position you have applied for has been cancelled.”
— Tom Murphy (@viewfromthecave) November 2, 2017
USAID cancels jobs for dozens of applicants amid State Department hiring freeze https://t.co/CJ6mDiR6QJ
— Blogs of War (@BlogsofWar) November 4, 2017
— War Editor (@ElSnarkistani) November 4, 2017
— Mark Green (@USAIDMarkGreen) November 3, 2017
Posted: 12:18 am ET
We missed the Nov 1 confirmation hearings at the Senate Foreign Relations Committee, so this is an OBE post. We are posting them below to easily retrieve the nominees’ prepared testimonies and provide a link to the video. We have also added links to the Certificates of Competency for Chiefs of Mission. Per Section 304 of the Foreign Service Act of 1980, Certificates of Competency must be presented to the Senate Foreign Relations Committee for presidential nominees to be Chief of Mission that demonstrate the competence of [a] nominee to perform the duties of the position in which he or she is to serve. Unfortunately, there is no such requirements for top ranking nominees in the State Department.
Date: Wednesday, November 1, 2017
Time: 10:00 AM
Presiding: Senator Portman
Click here for the video of the confirmation hearing.
Mr. Irwin Steven Goldstein
Of New York, To Be Under Secretary Of State For Public Diplomacy
Ms. Rebecca Eliza Gonzales
Gonzales, Rebecca Eliza – Kingdom of Lesotho – September 2017
Of Texas, A Career Member Of The Senior Foreign Service, Class Of Minister-Counselor, To Be Ambassador Extraordinary And Plenipotentiary Of The United States Of America To The Kingdom Of Lesotho |
Ms. Lisa A. Johnson
Johnson Lisa A. – Republic of Namibia – October 2017
Of Washington, A Career Member Of The Senior Foreign Service, Class Of Counselor, To Be Ambassador Extraordinary And Plenipotentiary Of The United States Of America To The Republic Of Namibia
Mr. James Randolph Evans
(certificate not available at state.gov as of 11/2/2017)
Of Georgia, To Be Ambassador Extraordinary And Plenipotentiary Of The United States Of America To Luxembourg
Mr. Sean P. Lawler
of Maryland, To Be Chief Of Protocol, And To Have The Rank Of Ambassador During His Tenure Of Service